The concept of commissions under the Code of Civil Procedure (CPC) relates to the appointment of a person or entity, known as a commissioner, to perform specific tasks on behalf of the court. Commissions are used to facilitate the gathering of evidence, examination of witnesses, or execution of certain orders.
Appointment of Commissioner
A commissioner is appointed by the court to carry out a specific task or function as directed by the court. The court has the discretion to appoint a commissioner when it deems it necessary or expedient for the purpose of the case.
Types of Commissions
The CPC provides for various types of commissions, including:
a. Commission for Examination of Witnesses: When the court requires the examination of witnesses who are unable or unwilling to attend the court, it may appoint a commissioner to conduct the examination. The commissioner takes the deposition of the witness and submits it to the court.
b. Commission for Local Investigation: In cases where a local investigation is necessary, such as in land disputes or property matters, the court may appoint a commissioner to visit the site, gather information, and submit a report.
c. Commission for Taking Accounts or Making Inventories: The court may appoint a commissioner to examine accounts, take inventories, or conduct audits in cases involving financial matters or disputes over property.
d. Commission for Sale of Property: When the court orders the sale of property, it may appoint a commissioner to oversee the sale process, including valuation, advertising, and conducting the auction.
Powers and Duties of the Commissioner
The commissioner acts as an agent of the court and performs tasks assigned by the court. The powers and duties of the commissioner are specified by the court in the order of appointment. The commissioner has the authority to administer oaths, examine witnesses, record statements, collect evidence, and perform other functions as directed by the court.
Report of the Commissioner
Once the commissioner completes the assigned task, they submit a report to the court. The report may include findings, evidence, statements, or any other relevant information gathered during the commission. The report serves as evidence and aids the court in making decisions.
Objections and Examination of the Commissioner’s Report
Upon receiving the commissioner’s report, the court provides an opportunity to the parties to raise objections or seek clarifications. The court may also examine the commissioner as a witness to clarify any aspects of the report, if necessary.
Effect of Commissioner’s Report
The court considers the commissioner’s report along with other evidence in the case and makes decisions based on the collective information and arguments presented by the parties.
