Commissions (s.75, O.26) — CPC & Limitation Act Notes

Commissions (s.75, O.26)

An old, bed-ridden witness cannot come to court. A disputed boundary must be measured on the ground. Complex accounts must be reconciled. The judge cannot do all this from the bench — so the court appoints a Commissioner to go out, do the task, and report back. That delegate is a commission.

What a commission is and when it issues

A commission is the court’s power to appoint a person (the Commissioner) to perform a specific judicial or ministerial task on its behalf, because the court itself cannot conveniently do it. Think of it as the judge sending a trusted assistant to gather what the court needs.

What — the court’s authority under s.75 (read with O.26) to issue a commission for defined purposes and receive the Commissioner’s report as part of the record.
Why — convenience and accuracy: to record evidence that cannot come to court, to inspect places, to sort out accounts or partition, or to get expert help.
Who — the court issues it; a Commissioner (often an advocate, retired officer or expert) executes it; the parties bear the costs as the court directs.
When — on a party’s application or on the court’s own motion, whenever a s.75 purpose arises.
Where — the Commissioner acts at the relevant place (the witness’s home, the disputed land, the account books).
How (the s.75 purposes) — the court may issue a commission to:

Examine a witness who is exempt, ill, or beyond the court’s jurisdiction (O.26 rr.1–8).
Make a local investigation — inspect and report on disputed land, possession, nuisance, etc. (r.9).
Examine or adjust accounts (r.11).
Make a partition of property under a preliminary decree (r.13–14).
Hold a scientific, technical or expert investigation (r.10A).
Conduct the sale of property subject to speedy decay (r.10C).
Perform any ministerial act (r.10B).

Powers of the Commissioner (rr.16–18). To examine parties and witnesses on oath, to call for and examine documents, and to enter and inspect any land or building relevant to the inquiry. The report and the evidence taken form part of the record (r.10(2)).

🧩 WORKED EXAMPLE — the boundary that must be measured

Facts. A and B dispute where their boundary lies; the answer depends on the exact position of a wall and old survey marks.

Rule. s.75(b) / O.26 r.9 — the court may issue a commission for a local investigation where the matter cannot be conveniently ascertained in court.

Apply. The court appoints a Commissioner to visit the site, take measurements with the surveyor, and file a report and sketch.

Conclusion. The Commissioner’s report becomes part of the record and helps the court decide the true boundary — evidence the judge could not gather from the bench.

Section 75 CPC: “Subject to such conditions and limitations as may be prescribed, the Court may issue a commission — (a) to examine any person; (b) to make a local investigation; (c) to examine or adjust accounts; or (d) to make a partition; (e) to hold a scientific, technical, or expert investigation; (f) to conduct sale of property which is subject to speedy and natural decay…; (g) to perform any ministerial act.”

In Simple Terms: When the court cannot do a task itself — record a distant witness, inspect land, sort accounts, divide property — it sends a Commissioner to do it and report back. That report becomes evidence in the case.

flowchart TD
    ROOT["Court issues a commission (s.75)"]:::root
    ROOT --> A["Examine a witness (rr.1-8)"]:::leaf
    ROOT --> B["Local investigation (r.9)"]:::leaf
    ROOT --> C["Examine / adjust accounts (r.11)"]:::leaf
    ROOT --> D["Make partition (rr.13-14)"]:::leaf
    ROOT --> E["Scientific / expert inquiry (r.10A)"]:::leaf
    ROOT --> F["Sale of perishable property / ministerial act"]:::leaf
    A --> G["Commissioner's powers (rr.16-18): oath, documents, inspection"]:::leaf
    classDef root fill:#FFF8DC,stroke:#000,stroke-width:1px,color:#000;
    classDef leaf fill:#E6F3FF,stroke:#1E3A8A,color:#000;
    linkStyle default stroke:#888,stroke-width:1px;

Case Laws

Padam Sen v State of U.P. (1961) — a court cannot use a commission (or inherent power) to appoint a commissioner to seize a party’s account books; the power is confined to the statutory purposes.
Haryana Waqf Board v Shanti Sarup (2008) — a Commissioner’s report on local investigation is a valuable piece of evidence but is not conclusive; the court decides on it.

📄 Full notes + Question Bank (₹199) — every topic in depth, model answers to all past KSLU questions, in one printable PDF. Get the bundle · 10 Solved Problems · All CPC & Limitation Act topics