Commission is kind of a role given by the court to any person to act according and on behalf of court to help the court in providing complete justice. The person who acts out the commission is called commissioner. For instance, if the court must hold investigation under any suit, the court appoints a commissioner, who on behalf of the court carries out the investigation.
Power to issue commission is a discretionary power of the court. It can be exercised by court either on an application filed by a party to the suit or using its own discretionary power by its own motion. It is done to provide full justice between the parties to a suit. Section 75-78 deals with the provision relating to power of court to issue commission and Order 26 deals with the detailed provision relating to commission.
Section 75 of the Code of Civil Procedure specifies the purposes for which a commission is issued that are:
- Commission can be issued to hold investigation (Provision relating to which are given under Order 26 Rule 10-A)
- Commission can be issued to examine a witness (Provision relating to which are given under Section 76-78 and Order 26 Rules 1-8)
- Commission can be issued for adjusting accounts (Provisions related to which are given under Order 26 Rule 11 and 12)
- Commission can be issued for conduct of sale (Provision related to which are given under Order 26 Rule 10-C)
- Commission can be issued to make local investigation (Provision related to which are given under Order 26 Rule 9 and 10)
- Commission can be issued to make partition (Provision related to which are given under Order 26 Rule 13 and 14)
- Commission can be issued to perform ministerial act (Provision related to which are given under Order 26 Rule 10-B)
The commissioner has the power to call the parties and witnesses for examination and can also call for examination of documents. He also has the power to examine any building specified in the order and has the right to proceed ex-parte in case the party does not show up. These powers of commissioner appointed by the court are given under Rules 16-18 of Order 26.
The data collected by the commissioner and the report formed by him/her is admissible evidence in court and holds evidentiary value in front of the court. It is an important piece of evidence, but it is on the discretion of the court as to what evidentiary value the report and data of commissioner would hold. It cannot be rejected unless there are sufficient grounds for rejection.
It is important to note that a commission cannot be issued to perform a judicial function. Thus, a judicial function of the court cannot be delegated by issue of commission. For example, in a dispute relating to property no commission can be issued by the court to evaluate the value of the property, but commission can be issued to help the court in determination of the value of the court. So, the judicial function of the court should be performed by itself and cannot be delegated. Section 75 mentions the acts or purposes for which commission can be issued.
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