COMMISSIONS

The Code of Civil Procedure (C.P.C.) provides a mechanism to examine individuals who cannot personally attend court proceedings. This is done through the appointment of commissions under Order 26, Rules 1 to 22. These commissions serve a vital role in ensuring justice is accessible, even when a party or witness is exempted from attending court or is unable to appear due to illness or infirmity. This article explores the purpose, scope, and practical application of commissions in the C.P.C., focusing on the examination of residents who are exempt from court attendance.

What Is a Commission Under the C.P.C.?

A commission is a legal mechanism appointed by the court to carry out specific tasks that the court itself cannot perform directly. These tasks often include examining witnesses, inspecting documents, or investigating facts. The purpose of appointing a commission is to ensure that justice is served even when direct court proceedings are impractical.

In the context of examining residents who cannot attend court, commissions serve as a vital tool to collect evidence without causing undue hardship to the individuals involved.

When Can a Commission Be Appointed?

The C.P.C. provides clear guidelines for appointing commissions under Order 26, Rules 1 to 22. A commission may be appointed for the examination of a resident within the court's jurisdiction if:

The person is exempted from attending court, or
The person is proved to be sick and infirm.

These provisions ensure that the legal process remains fair and accessible, even for those unable to physically appear in court.

Exemption from Court Attendance

Exemption may arise due to various reasons, such as:

Age (very young or elderly individuals)
Disability or physical incapacity
Legal provisions granting exemption for certain classes of persons

When exemption applies, the court can appoint a commissioner to examine the individual at a convenient location.

Sickness and Infirmity

If a person is unable to attend court due to illness or infirmity, the court may order a commission to examine the person. This examination can take place at the person's residence, hospital, or any other suitable place within the court's jurisdiction.

Commissions (Order 26 Rules 1 to 22.)

The C.P.C. has provided for the appointment of a commission for the examination of a resident, within its jurisdiction, if that person is (i) exempted from attending the Court or is proved to be (ii) sick and infirm.

The persons who are exempted are:

i) Persons resident outside the jurisdiction or who is about to go outside.

ii) Govt. officers who are in service and who cannot attend without detriment to public interest. Who may be the Commission: The Court may appoint an advocate or pleader or any person at its discretion as a commission. Commissions may be appointed,

to make local investigations,
to examine accounts,
to make partitions.
to make scientific investigation or to make sale of movable property.

Powers

The Commission should discharge its functions as per the directions of the Court.

It may examine the parties or any witnesses or any other person whom it deems fit.
Call for and examine documents and other relevant things,
Enter any place or buildings at reasonable times,
Recordobjections to answer questions.

Attendance, Summoning: The Commission is considered as a Civil Court, and is empowered to exercise its power as in C.P.C. (Of course, no penalties can be imposed.) Returning of Commission: The court fixes the time within which the Commission should return. It should submit its report to the court with the evidence collected, depositions, documents etc. Evidentiary Value: The evidence taken under a Commission should not be read as evidence without the consent of the other party, subject to certain exceptions. When the commission submits its returns, it is dissolved, and, ceases to have any power.

Key Rules Under Order 26, Rules 1 to 22

The rules under Order 26 provide detailed guidance on commissions. Some important provisions include:

Rule 1: The court may appoint a commissioner for examination or investigation.
Rule 2: The commissioner must take an oath to perform duties faithfully.
Rule 3: The commissioner must give notice to parties before examination.
Rule 4: The examination must be conducted in the presence of parties or their representatives, if possible.
Rule 5: The commissioner must prepare a report and submit it promptly.
Rule 6: The court may issue directions to the commissioner regarding the examination.
Rule 7: The commissioner has the power to administer oaths and take evidence.
Rule 8: The court may order the production of documents or other evidence during the commission.
Rule 9: The commissioner must maintain confidentiality and impartiality.
Rule 10: The court may recall or discharge a commissioner if necessary.
Rules 11 to 22: Cover procedural details such as fees, expenses, and handling of objections.

These rules ensure that commissions operate transparently and effectively, safeguarding the interests of all parties.

Benefits of Using Commissions for Examination

Accessibility: Allows examination of persons who cannot attend court due to health or other valid reasons.
Efficiency: Saves time and resources by avoiding delays caused by non-appearance.
Fairness: Ensures that evidence is collected without compromising the rights of the individual.
Flexibility: The examination can take place at a convenient location within the court's jurisdiction.
Legal Validity: The commission's report holds the same evidentiary value as in-court testimony.

Challenges and Considerations

While commissions provide a practical solution, certain challenges may arise:

Ensuring Impartiality: The commissioner must remain neutral and avoid bias.
Logistics: Arranging the examination at the person's location may require coordination.
Technical Issues: Recording and documenting the examination accurately is essential.
Objections: Parties may raise objections to the commissioner's findings or conduct.
Costs: Fees and expenses related to the commission must be managed fairly.

Tips for Parties Involved in Commission Proceedings

Request Early: Apply for a commission as soon as the need arises to avoid delays.
Provide Clear Reasons: Explain why the person cannot attend court, supported by medical or other evidence.
Cooperate with Commissioner: Facilitate the examination by providing necessary documents and access.
Review Report Carefully: Analyze the commissioner's report and raise any legitimate objections promptly.
Understand Legal Rights: Consult legal counsel to ensure proper handling of commission proceedings.