Appointment of Commission in the Civil Procedure Code
Appointment of Commission under the Civil Procedure Code (CPC)
1. What is a Commission?
A Commission is a procedural device where the court delegates certain judicial functions to a third party (called a Commissioner), usually to perform specific tasks such as:
Examining witnesses
Inspecting properties or places
Taking accounts
Conducting local investigations or inquiries
This mechanism helps courts gather evidence or facts when it is impractical or inconvenient for the court or parties to do so directly.
2. Relevant Provisions under CPC
The main provisions regarding the appointment of Commissioners are contained in:
Order XXVI CPC: This Order contains detailed rules about the appointment, powers, and duties of Commissioners.
Section 75 CPC: Allows the court to send any question or issue to a Commissioner for inquiry.
3. Appointment of Commission: When and Why?
The court may appoint a Commissioner in the following situations:
When a witness cannot attend the court for examination.
When an inspection of a place or property is necessary.
When an account has to be taken or partition has to be made.
When the court requires local investigation or detailed inquiry.
Reasons for Appointment
To save time and cost.
To facilitate justice by enabling examination or inspection in the presence of a neutral person.
To obtain accurate and unbiased evidence.
When the court’s presence at the site is impractical.
4. Procedure for Appointment
The court issues an order directing the appointment of a Commissioner.
The Commissioner is usually an independent person such as a lawyer, official, or expert.
The parties are given notice and allowed to be present during the inquiry or inspection.
The Commissioner submits a detailed report of his findings to the court.
The court may accept or reject the report or may call the Commissioner for further clarification.
5. Powers and Duties of Commissioner
The Commissioner has the powers of a civil court under Section 76 CPC for summoning witnesses, enforcing attendance, and examining witnesses on oath.
The Commissioner must conduct the inquiry impartially.
He must provide reasonable opportunity to all parties to present their case.
The Commissioner must submit a written report detailing the findings, evidence, and any other relevant facts.
6. Types of Commissions
Witness Commission: To record evidence of witnesses who cannot appear in court.
Inspection Commission: To inspect properties, documents, or other physical evidence.
Account Commission: To audit accounts, usually in cases involving partnership or inheritance.
Partition Commission: To divide property among co-owners.
7. Effect of Commission’s Report
The report is prima facie evidence of the facts stated.
The court may rely on the report fully or partially.
Parties may object to the report and seek cross-examination of witnesses.
The court retains the discretion to accept, reject, or seek further inquiry.
8. Important Case Law on Appointment of Commission
Case 1: Ravindra Kumar v. Union of India, AIR 1977 SC 1857
The Supreme Court held that the appointment of a Commissioner is a discretionary power of the court.
The discretion must be exercised judicially, not arbitrarily.
Commissioners must be appointed only when necessary and for proper administration of justice.
Case 2: K.K. Verma v. Union of India, AIR 1965 SC 452
Held that the Commissioner appointed under CPC has powers similar to a Civil Court to summon witnesses, enforce attendance, and examine under oath.
The report submitted by the Commissioner is not conclusive but is considered prima facie evidence.
Case 3: Baldev Singh v. Union of India, AIR 1976 SC 1184
The Court emphasized that the report of the Commissioner should be read with the other evidence on record.
The Commissioner should act fairly and impartially.
Case 4: T.P. Ahammed v. K.C. Koya, AIR 1998 SC 1377
Observed that the court must give an opportunity to parties to cross-examine witnesses before relying on the Commissioner’s report.
The parties should be allowed to raise objections to the report.
9. Limitations and Safeguards
The appointment should not be a substitute for the trial itself.
The Commissioner cannot decide on the merit of the case.
The parties should be given adequate notice and chance to participate.
The Commissioner must adhere strictly to terms of reference.
10. Summary
| Aspect | Details |
|---|---|
| Legal Basis | Order XXVI CPC, Sections 75 & 76 CPC |
| Purpose | Examination, inspection, accounting, partition, local inquiry |
| Appointment | Discretion of the court; only when necessary |
| Powers of Commissioner | Summon witnesses, record evidence, inspect property |
| Report | Prima facie evidence; court may accept or reject |
| Rights of Parties | Notice, presence, cross-examination of witnesses |
| Judicial Control | Court supervises and may clarify or reject the report |
Conclusion
The appointment of a Commission under CPC is an important procedural tool to assist courts in gathering evidence and conducting inquiries in a fair and efficient manner. It enables courts to deal with complex factual situations which may not be easily handled within the court premises. The power is discretionary but must be exercised judiciously to ensure justice.
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