Commission under the Code of Civil Procedure is the delegation by a court of specific judicial functions — such as examination of witnesses, local investigation, or scientific examination — to a commissioner appointed for that purpose, when the court cannot conveniently perform those functions itself. Under Indian law, the power to issue commissions is governed by Section 75 read with Order XXVI of the Code of Civil Procedure, 1908.
Legal definition
Section 75 of the Code of Civil Procedure, 1908 provides the substantive power:
Section 75 — Power of Court to issue commissions: 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 and which is in the custody of the Court pending the determination of the suit; (g) to perform any ministerial act.
Order XXVI of the CPC provides the detailed procedure for each type of commission:
- Rules 1-8: Commission for examination of witnesses (including examination on interrogatories)
- Rules 9-10B: Commission for local investigation
- Rules 11-12: Commission for examination of accounts
- Rules 13-13B: Commission for partition
- Rules 14-18: Commission for scientific investigations
- Rule 19: Commission by foreign courts
How courts have interpreted this term
S.N. Banerjee v. Kuchwar Lime & Stone Co. [AIR 1970 SC 1068]
The Supreme Court held that the power to issue a commission is discretionary, not mandatory. The court must be satisfied that the commission is necessary for the proper adjudication of the dispute or for the expeditious disposal of the case. The commission should not be used as a fishing expedition or to gather evidence that a party could have produced through ordinary means.
Kanailal v. Paramnidhi [AIR 1957 SC 907]
The Supreme Court held that a commission for local investigation is an aid to the court, not a substitute for evidence. The commissioner's report is not conclusive evidence — it is subject to the court's own assessment and the parties have the right to cross-examine the commissioner and challenge the findings in the report.
Types of commissions
- Commission to examine witnesses (Rules 1-8): Issued when a witness is unable to attend court due to sickness, infirmity, or exemption, or when the witness resides beyond the court's jurisdiction. The commissioner records the testimony and submits it to the court.
- Commission for local investigation (Rules 9-10B): Issued when the court requires an on-site inspection of property, premises, or locations relevant to the dispute. Commonly used in boundary disputes, nuisance claims, and property partition cases.
- Commission for examination of accounts (Rules 11-12): Issued in commercial disputes involving complex accounts that require expert analysis.
- Commission for scientific or expert investigation (Rules 14-18): Issued when the case requires specialised technical expertise, such as handwriting analysis, DNA testing, or engineering assessments.
Why this matters
Commissions serve as a practical bridge between the formal courtroom and the real world. Indian courts cannot always examine witnesses in person, inspect properties, or conduct technical investigations within the courtroom. Commissions allow the court to delegate these functions to qualified persons who can perform them efficiently and report back.
For practitioners, a commission application is a strategic tool. A local investigation commission in a property dispute can produce decisive evidence about boundaries, construction, or physical conditions. A commission to examine a witness who cannot attend court ensures that critical testimony is not lost. However, the commission process adds time and cost to the litigation, and the court must be persuaded that the commission is genuinely necessary.
The commissioner's report carries evidentiary weight but is not binding on the court. Either party may challenge the report, cross-examine the commissioner, and lead contrary evidence. The court retains the ultimate authority to accept, reject, or modify the commissioner's findings.
Related terms
Related procedures:
Broader concepts:
Frequently asked questions
Is a commission report binding on the court?
No. A commission report is an aid to the court, not binding evidence. The court may accept the report in full, accept it partially, or reject it altogether. The parties have the right to cross-examine the commissioner and lead evidence to contradict the findings of the commission report.
Can a commission be issued to examine a witness abroad?
Yes. Order XXVI Rule 19 provides for the issuance of commissions to examine witnesses in foreign countries. Additionally, if a foreign court wishes to obtain evidence of a witness residing in India, it may request the High Court to issue a commission for that purpose.
Who bears the cost of a commission?
The party that applies for the commission is generally required to deposit the commission fees in advance. The ultimate allocation of costs is determined by the court at the time of passing the decree, and may be imposed on the unsuccessful party.
This entry is part of the Veritect Indian Legal Glossary, a comprehensive reference of Indian legal terminology grounded in statutory text and judicial interpretation.
Last updated: 2026-03-27. Veritect provides this content for informational purposes and does not constitute legal advice.