Introduction
The court appoints a commissioner in a civil suit to do some work on its official duty. However, it is not compulsory for every case; the court can not routinely pass such an order.
The Civil Procedure Code 1908, Section 75, and Order 26 refer to the appointment of a commissioner in a civil suit.
Who is eligible to be appointed as a court commissioner?
When the court thinks it fits the requirement to appoint a commissioner to do some specific work, the court may pass an order for appointing a court commissioner.
The court cannot fulfil its aim if an appointed commissioner does not know the examination procedure of a person, adjust accounts, or understand the technical issues regarding the investigation, etc.
Which sections involve appointing a court commissioner?
The Civil Procedure Code 1908, under section 75 and Order XXVI Rule 9, deals with the issue of a commission for particular circumstances; the court may order to issue a commission to perform some limited functions.
The work of the appointed commissioner:
As we refer to above, section 75 deals with appointing a commissioner, which has to do some following function; let’s see in detail.
May issue a commission for the examination of witnesses
The court may issue a commission for the examination of witnesses, interrogatories, or any person who resides within the local limits of the court’s jurisdiction, a person whom the court exempts due to sickness or any other reason, to present in the court.
Here, we should note that the court will not issue a commission if that is not necessary to do so. If the court thinks it is required, then it passes the order with a recorded reason to issue a commission.
To make a local investigation
If the court thinks it is necessary to appoint a commission for a local investigation, it can pass the order for it. In the lawsuit, if the court thinks the local investigation is required to resolve the dispute, for example, to calculate the property’s market value, to decide the mense profits amount, damages, etc. The court may appoint a commissioner to investigate such a matter and order him to report thereon to the court.
- Commission to examine or adjust accounts
In the lawsuit, it is a requirement for examination or adjustment of accounts. In that case, the court has the power to issue a commission to a person to do that work and report thereon to the court after completing his work.
The court can provide a commissioner as part of the court proceedings with some specific instructions. The commissioner, as an expert, has the right to give his own opinion in his report, which he submits in the court after his investigation. The expert committee’s report can be considered as evidence in court.
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Commission to make partition of immovable property
In the suit of partition, if the court passes a preliminary decree, in that case, the court can order the appointment of a commissioner to execute such decree. The commissioner divides the property among the parties to the suit as mentioned in the decree, and after completion of his work, he submits his work report of partition to the court.
Commission for scientific investigation
Sometimes it happens that any scientific investigation is required to resolve the fundamental question of the suit. In that situation, the court can appoint a commissioner to investigate such a matter; he examines the subject and reports thereon to the court.
Commission for performance of a ministerial act
The court can appoint a commissioner for ministerial acts, likewise administrative work. If the court thinks that it is necessary to do so, it can appoint a commissioner with a recorded reason. The court may appoint a person and direct him to do ministerial acts for natural justice and order the commissioner to report to the court on his work.
Commission for the sale of movable property
In the suit, it is necessary to sell any movable property in the court’s custody, but it is not possible to preserve for a long time. In that, in the interest of justice, the court may order the issuance of a commission to a person and direct him to sell such property and report thereon to the court.
What commission on what grounds may be issued?
The court’s primary purpose is to issue orders of commission to give natural justice to the parties of the lawsuit. It is a discretionary power of the court when and which circumstances are required to issue a commission. If the court feels that a detailed investigation is necessary, the court will pass such an order.
Powers of the commissioner whom the court appoints
Order 26, Rule 16 of the Civil Procedure Code deals with the powers of Commissioners, which are given below;
- A commissioner has the power to examine the concerned parties of the case and witness. If necessary, he may report to the court or submit his evidence regarding his work.
- He has the authority to ask the concerned parties to produce necessary documents during the examination process.
- He has the power to enter any disputed property, inspect the area of land, building, house, etc., as per the permission of the court.
- He may proceed with his work ex parte if the suit parties do not comply or do not appear before him.
What is the role of the advocate commissioner?
The advocate commissioner has to work as a court officer; he performs his duty on behalf of the court. For example, he visits the disputed site on behalf of the court and can investigate the fundamental issue of fact, discharging his duty to assist the court with the truth he discovers during the investigation on behalf of the court.
In short, we can say that the advocate commissioner is the eyes and ears of the court. However, we should note that the court commissioner cannot be appointed to collect evidence in the lawsuit.
In the case of Narsing Rana and another vs. Rabari Devi and others (AIR 2013 JHARKHAND 91), the Jharkhand High Court observed that the Court can decline to accept the Court Commissioner’s report in a suit for declaration of right, title, and interest over the property.[1].
In the case of Meenakshi Vs Vennila ( 2008(5) CTC 181), the Madras High Court observed that the Commissioner is not a person to gather evidence to show who is in possession of the property.[2].
In the case of Autodesk Inc Vs. Arup Das (2013-DLT-205-665), the Delhi High Court held that the local commissioner is appointed by the court because a Judge, normally, cannot personally step out of the precincts of his Court and a Local Commissioner is appointed to act as the eyes and ears of the Court.[3].
Conclusion
The court can appoint a commissioner in a civil suit to do some work on behalf of the court. A commissioner appointed by the court plays an important role on behalf of the court; he can assist the court regarding some technical issues done by him as per specialty and experience skill. On that basis, the court may fulfil its purpose to provide natural justice to the suit parties.
Reference
(1) Narsing Rana and another vs. Rabari Devi and others (AIR 2013 JHARKHAND 91).
(2) Meenakshi Vs Vennila ( 2008(5) CTC 181).
(3) Autodesk Inc Vs Arup Das (2013-DLT-205-665).
