A court-appointed official who is in charge of carrying out specific tasks or responsibilities on the court’s behalf is referred to as a commission in civil litigation. The word “commission” in the context of the Code of Civil Procedure (CPC) refers to the procedure by which the court assigns a person to carry out specific tasks, like gathering evidence or conducting a local investigation, that are required to decide a case.
The CPC concept of commission is crucial because it enables the court to acquire evidence that might not otherwise be possible. For instance, it might be challenging or impossible for the parties to the case to get a witness’s testimony in person if they are located in a different city or nation. The court may designate a commission in these circumstances to gather the witness’ evidence and present it to the court.
The guidelines of Order XXVI of the Code apply to the appointment of a committee under CPC. The court may designate a commissioner in accordance with this directive to accomplish the following goals:
- To examine any person;
- To make a local investigation;
- To examine accounts or documents;
- To make a partition;
- To hold a scientific, technical or expert investigation;
- To conduct a sale of property;
- To perform any ministerial act.
An order of the court is required to designate a commissioner. The order must outline the commissioner’s responsibilities, including when and where they are to be carried out, as well as the reason for the commissioner’s appointment. The sum of payment due to the commissioner for their services may also be specified in the order.
A report summarising the commissioner’s conclusions must be submitted to the court. The report must be presented in writing within the time frame set by the court. The commissioner must sign the report and include any supporting documentation or other proof they have collected.
When the commissioner is carrying out his or her duties, the parties to the case have the opportunity to be present. They also have the opportunity to question anyone who is being questioned by the commissioner in a cross-examination.
There are some restrictions on the admissibility of the commissioner’s testimony in court. For instance, a witness who is questioned by a commissioner but is not present for a cross-examination in court might have less credibility than if they had appeared in person.
To sum up, the CPC notion of commission is crucial because it enables the court to obtain evidence that might not otherwise be possible. The requirements of Order XXVI of the Code govern the commissioner’s appointment, and the commissioner is expected to submit a report of their findings to the court. There are some restrictions on the admissibility of the commissioner’s testimony in court.
In addition to the foregoing, it is significant to remember that only the court, not the parties to the case, has the authority to designate a commission. If the court decides it is essential for a fair and timely resolution of the case, it may choose to appoint a commissioner.
Additionally, the commissioner chosen by the court is a court officer and is subject to the same responsibilities and obligations as every other court officer. The commissioner must behave impartially, objectively, and without showing preference to any of the case’s parties.
It’s also critical to remember that selecting a commissioner may occasionally cause a delay in the case’s settlement. This is so that both the commissioner and the parties have enough time to complete their tasks and review and react to the commissioner’s report, respectively.
Due to the commissioner’s right to compensation for services rendered, the appointment of a commissioner in some circumstances may also increase the expense of litigation. The commissioner’s fees and expenses may be paid in full by one party, or the court may direct that all costs be covered by one of the parties.
The appointment of a commission can be a useful instrument for gathering information and settling disagreements in civil litigation despite these possible drawbacks. The commission can assist in ensuring that cases are decided on the merits and in accordance with the law by enabling the court to acquire evidence that might not otherwise be available.
In general, the CPC notion of commission is an important one that is crucial to civil litigation. The appointment of a commissioner has some restrictions and possible drawbacks, but the advantages of gathering important evidence and guaranteeing a fair and prompt resolution of the case make it a crucial tool for the court.
In summary, the CPC’s notion of commission gives the court a useful tool for obtaining evidence that might not otherwise be accessible. In order to determine the matter in a fair and timely manner, the court may appoint a commissioner under the guidelines of Order XXVI of the Code. The appointed commissioner is a court employee and is subject to the same responsibilities and requirements, including impartiality and objectivity, as any other court employee. The appointment of a commissioner is a crucial instrument in civil litigation even though it might cause delays and higher costs because of the advantages it has in terms of gathering important evidence and guaranteeing a fair resolution of the case.
This article is written by Piyush Singla, Vivekananda institute of professional studies BBA LLB during his internship at LeDroit India.
