Write short note on appointment of commission | The code of Civil Procedure1908

Introduction -

            Part III,  Section 75 to 78 of the code of Civil Procedure 1908,  deals with the powers of the court to issue commission and detailed provision has been given in order 26 of the Civil Procedure Code. The power of the court to issue commission is discretionary power and can be exercised by the court for doing full and complete justice between the parties.  It cannot be claimed as of right. It can be exercised by the court order on an application by a party to the suit or suo moto.

Purpose of issue of Commission -

According to Section 75 of the Civil Procedure Code, the Court may issue a Commission for any of the following purposes

1) to examine witnesses

 2) to make local investigation

 3) to adjust account

 4) to make partition

 5) to hold investigation

 6) to conduct sale; or

 7) to perform ministerial act

Read in detail >>>> Provisions of the Civil Procedure Code in respect of Commissions