Commission
Commission is the role that the court gives to a person to act on behalf of the court and to do everything that the court requires. The person who carries out the commission is known as a court commissioner.
Whenever the Court needs to do a local investigation, a commissioner is appointed. To record the evidence of a witness who can't come to the Court for evidence, the Court can issue a commission.
Who Can Appoint A commissioner
According to CPC, the commissioner may be chosen by the Court that issues the commission. According to Section 75, "the Court" may issue commissions as long as the necessary restrictions and limitations are followed. As a result, the commissioner may be chosen by the court that will resolve the case. To carry out the duties for which the commission was granted, a commissioner is appointed. The Court has the discretionary authority to name the commissioner, and this authority may be exercised either on the application of any of the parties or by the Court on its own initiative.
Who can be appointed as a commissioner
Advocates who are qualified to carry out the commission given by the Court are often chosen for a panel of commissioners that is created by the High Court.
The commissioner should be objective, independent, and uninterested in the case or the parties involved. Such a person ought to be equipped with the necessary abilities to complete the task.
If a person who cannot read or understand the accounts and papers is appointed as commissioner to modify accounts, it will be a complete waste of time and resources for the Court and the parties. In a similar vein, no one should be nominated as a commissioner to carry out scientific research if they lack the necessary skills.
The District Judge is in charge of overseeing the lower courts, which are required to use great caution when choosing a commissioner. A person who hovers around the Court shouldn't be appointed, and the Court shouldn't appoint the same individual to every committee.
On which ground a court issue commission
There are some ground in which court may issue commission
- Investigating witnesses
- Conduct a local investigation
- For account adjustments
- Making a partition
- Holding an investigation
- For carrying out a sale
- In order to carry out a ministerial act
Investigating witnesses
Sections 76 to 78 as well as Rules 1 to 8 of Order 26 provide guidelines for the issuance of commissions for the purpose of questioning witnesses. The questioning of witnesses typically takes place in open court. Cross-examination of the witnesses' testimony is conducted, and in everyone's presence, it is recorded. However occasionally it could occur that the witness is unable to travel and attend court. Reasonable explanations for the inability to appear before the court are required.
If the Court determines that the reason for not being in court is legitimate, it will relax the norm requiring attendance and grant commission. The absence of the witnesses may be due to illness, the fact that they are residing outside of the court's local jurisdiction, or any other causes that the court deems adequate.
Case
Paramhansa Ramkrishna v. Trimbak Rajaram
Vinayak Trading Co. V. Sham Sundar & Co.
Conduct a local investigation
Rule 9 to10 of Order 26 of Code of civil Procedure of 1908 deal with local investigation.
The primary goal of conducting a local investigation by appointing a commission is to learn more and gather proof that will clarify the situation and aid the court in making a decision. When there are unusual evidences present that can only be determined by physically going and performing an investigation there, an investigation is carried out.
For account adjustments
The actions of conducting an investigation by the Court by appointing a commission to inspect and for the adjustment of accounts are governed by Rules 11 and 12 of Order 26 of the Code of Civil Procedure, 1908. The Commissioner is given the required instructions by the Court, and the Commissioner's reports are subsequently regarded as admissible in court as evidence.
Making a partition
Rules 13 and 14 of Order 26 of the Code of Civil Procedure, 1908, serve as a guidance in this. In this situation, the Court issues a Commission after passing a preliminary order of partition of an immovable property. The Commission's responsibility is to divide the property in accordance with the rules laid out in the order. The land is then divided by the Commissioner into the necessary number of parts, after which the shares are distributed to the parties. The Commissioner creates a report and gives it to the Court after dividing and distributing the property's parts to their legitimate owners. If any party objects to the allocation or is dissatisfied with something, the court considers their concerns and issues a final allotment decree.
Holding an investigation
This reason of issuance of a commission is governed by Rule 10 - A of Order 26 of the Code of Civil Procedure, 1908. When the court determines that a case involves an odd dispute that needs scientific investigation but cannot be successfully done on the court grounds, the court appoints a commission to look into the matter and makes inquiries.
For carrying out a sale
Rule 10 - C of Order 26 of the Code of Civil Procedure, 1908, serves as the basis for this. When the Court orders the sale of movable property over which it has custody and where a case is ongoing, the Court gives a commission. If the property cannot be properly conserved or if the court determines that selling is necessary for the sake of justice, the property must be sold. The property must be sold, and the Commissioner is required to disclose the sale to the Court.
In order to carry out a ministerial act
Rule 10-B of the Code of Civil Procedure, 1908, is the law that governs this. When a demand for the execution of a ministerial act arises, the Court issues a Commission. Ministerial Acts include tasks like bookkeeping, calculations, and similar tasks. The Court would waste valuable time if it performed the ministerial actions because they do not call for the use of the judicial mind. The Court appoints a commission to carry out all necessary ministerial tasks, and afterward, the Commissioner is expected to submit a report to the Court. The Commissioner only performs the executive actions for which the Court had authorized the Commission, not any judicial actions.
Reference :-
Code Of Civil Procedure 1908
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