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CPC11

The court's commission is intended to provide total justice to the parties to a complaint. The court has discretion to appoint commissions to examine witnesses, conduct local investigations, examine accounts, make partitions, conduct scientific investigations, sell decaying property, and perform ministerial acts like accounting.

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16 views

CPC11

The court's commission is intended to provide total justice to the parties to a complaint. The court has discretion to appoint commissions to examine witnesses, conduct local investigations, examine accounts, make partitions, conduct scientific investigations, sell decaying property, and perform ministerial acts like accounting.

Uploaded by

llr.tyllb
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PPTX, PDF, TXT or read online on Scribd
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COMMISSI

The court's commission is intended to provide total


ONS
justice to the parties to the complaint. The ability to
appoint commissions is entirely in the hands of the
judges. By establishing a commission in a specific
matter, the Court conducts an extensive inquiry if the
Court deems it essential.
The Court may issue a Commission if it receives an application
from the parties expressing the necessity for the same or suit -
moto. Sections 75 to 78 of the Code of Civil Procedure, 1908
deals about the Civil Courts' discretionary ability to issue
commissions for the advancement of comprehensive justice, as
does Order 26 . The court may issue a commission for any of the
following purposes, according to Section 75 of the Code of Civil
Procedure, 1908:
• to examine any person;
• to make a local investigation;
• to examine or adjust accounts;
• to make a partition;
• to hold a scientific, technical, or expert investigation;
• to conduct sale of property which is subject to speedy and
natural decay and which is in the custody of the Court pending
the determination of the suit;
• to perform any ministerial act.
Examination of witnesses
Sections 76 to 78 of Order 26 govern the issuance of commissions for the purpose of questioning

witnesses.

The Court relaxes the rule of attendance in the Court and issues commission only if the Court finds that

the reason for non - attending the court is justified. The reasons for non - attendance of the witnesses may

be on the grounds of illness, or if the witness resides beyond the local limits of the jurisdiction of the

Court or any other reasons as the Court may find sufficient.

In the case of Paramhansa Ramkrishna v. Trimbak Rajaram, the court had issued a commission to record

the evidence of the witness who was a Parmahansa. Parmahansa are people who practice various religious

rituals and practices and due to which they remain and roam around naked.
to make a local investigation

This i s covered by Rules 9 and 10 of Order 26 of the Code of Civil Procedure . Courts can issue

commission where it finds that there is a need to:

• To get a proper clarity regarding a matter in dispute; &

• To get a proper valuation of the property in dispute if any, or if any damages or mesne profits is

involved in the claim of a suit, then finding the exact amount for the same.

In the case of Southern Command Military Engg. Services Employees Coop. Credit Society v. V.K.K.

Nambiar, the court had to issue a commission to find out whether the tenants had really occupied the

premises in dispute of the suit. This was a peculiar situation which can only be ascertained by

visiting the place and conducting investigation.


to examine or adju st acc o u n ts

Rules 11 and 12 of Order 26 of the Code of Civil Procedure , 1908 guide the ac tion

of conducting an investigation by the Court by issuing a commission to e xa mine

and for the adjustment of accounts. The Court issue s gives nec essary instructions

to the commissioner and the reports provided by the Commissioner shall then be

deeme d to be evidence in the Court


to conduct sale of property
Thi s i s gui de d by Rul e 10 - C of Order 26 of the Code of Civi l
Proc e dur e , 1908 . The Court i s sue s a com m i ssi on whe n se ll ing
m ova bl e pr ope r t y i n pe ndi ng c a se s, if i t c annot be prese rved or i n
t he i nt e re st of j ust i c e , a nd t he Com m i ssi oner i s ta ske d wi th sel li ng
t he pr ope rt y.
to perform any ministerial act
The st a t ut e gui di ng t hi s i s Rul e 10-B of the Code of Ci vi l
Proc e dur e , 1908.
Mi ni st e ri a l Ac t s c onst i t ut e s wor ks li ke ac counti ng, c alc ul at i on
and wor ks of t he sa m e na t ur e . T he m inisteri al act s do not require
t he a ppl i c a t i on of j udi c i a l m i nd and i f done by t he Court , it would
l ead t o wa st a ge of Cour t ’s pr e c i ous t im e. The Court issue s a
com m i ssi on who woul d pe r f or m a ll the m i nist eri al a ct s as required
and a f t e r c om pl e t i on t he Com m i ssi one r shal l provi de the report t o
t he Cour t .

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