Definition
An order issued by a court delegating a specific judicial function to a Commissioner — including examining witnesses who cannot appear in court, conducting local investigations of disputed property, or performing experiments relevant to the suit.
Order XXVI of the CPC provides for the appointment of Commissioners by courts. Commissions may be issued for: (a) examining witnesses (Order XXVI Rule 1) — where a witness is outside the court's jurisdiction, is too ill to attend, or is otherwise unable to appear; (b) making local investigations (Order XXVI Rule 9) — the Commissioner visits the disputed property or scene and makes a report on its condition, boundaries, or other relevant factual matters; (c) adjusting accounts (Order XXVI Rule 11) — in suits involving complex accounts; and (d) making partitions (Order XXVI Rule 13) — in partition suits, the Commissioner divides the property and reports to the court. The Commissioner's report is evidence in the suit — not binding on the court but given significant weight.
Statutory Definition
Order XXVI Rule 1, Code of Civil Procedure, 1908: 'Any Court may in any suit issue a commission for the examination, on interrogatories or otherwise, of any person resident within the local limits of its jurisdiction who is exempted from attending the court, or who is from sickness or infirmity unable to attend it.' Rule 9: 'In any suit in which the court deems a local investigation to be requisite or proper for the purpose of elucidating any matter in dispute, or of ascertaining the market value of any property, or the amount of any mesne profits or damages or annual net profits, the court may issue a commission to such person as it thinks fit directing him to make such investigation and to report thereon to the court.'
Etymology & Origin
From Latin 'commissio' (a sending to, a trust, from 'committere' — to commit, to entrust). A 'commission' in the judicial sense is an 'entrusting' — the court entrusts the Commissioner with the performance of a specific judicial function on the court's behalf.
Full Legal Analysis
Commission: The Court’s Eyes and Ears in the Field
Courts cannot be everywhere. A disputed boundary in a remote village cannot be inspected from a courtroom; a bedridden witness cannot travel to court; a complex set of accounts cannot be assessed by a judge without specialist assistance. The commission procedure allows courts to extend their investigative reach — delegating specific tasks to Commissioners who go to the property, take the evidence, perform the calculation, or examine the witness, and report back to the court.
Local Investigation Commissions
Local investigation commissions under Order XXVI Rule 9 are frequently appointed in: (a) Boundary disputes: The Commissioner visits the disputed land, measures it, and reports on the actual boundaries and any encroachments. (b) Building/construction disputes: The Commissioner inspects the building, notes its condition, assesses defects or deviations from plans, and reports. (c) Property valuation: The Commissioner determines the market value of disputed property for purposes of partition, mesne profits, or damage assessment. The Commissioner's local investigation report is then placed before the court as evidence — typically given significant weight since the Commissioner has actually visited the site, unlike the judge.