Bailabel Type : bailable

Description

Section 75 of the Civil Procedure Code (CPC) grants the court the authority to issue commissions for the examination of witnesses, the inspection of properties, and the collection of evidence. This section is particularly important in situations where the regular procedure of presenting evidence in the courtroom is not feasible, and the court needs to delegate certain tasks to a commissioner to facilitate the progress of the case.

1. Purpose of Commissions:

   • A commission is a formal order issued by the court to a person, called a commissioner, authorizing them to perform specific tasks such as:
     • Examining a witness or party
     • Inspecting and reporting on properties or documents
     • Taking evidence in situations where it is impractical for the court to do so directly (e.g., when the witness is unable to attend the court, or the property is in a distant location).
   • Commissions are an essential tool used by the court to expedite the judicial process and ensure that justice is served in cases where direct court procedures are not feasible.

2. Types of Commissions:

   • Commission for Examination of Witnesses: When a witness is unable to attend court (due to illness, absence, etc.), the court can issue a commission for the examination of that witness.
   • Commission for Inspection: This is issued when the court deems it necessary to inspect property, documents, or evidence that cannot be presented in court in the usual manner.
   • Commission for Local Investigation: The court may appoint a commission to carry out a local investigation or survey to gather information or evidence about a particular matter that is central to the case.

3. Procedure for Issuing Commissions:

   • The court issues a commission when it deems necessary to conduct an examination or investigation that cannot be done by the court itself.
   • The commission is issued by the court with specific instructions detailing what needs to be done and what evidence needs to be gathered.
   • The commissioner is responsible for carrying out the task assigned by the court and reporting back to the court with the findings.

4. Powers and Duties of the Commissioner:

   • The commissioner has the power to summon witnesses, inspect properties, and collect evidence as per the directions given by the court.
   • The commissioner must carry out their tasks impartially and report the findings back to the court.
   • They are obligated to follow the court's instructions and act within the limits of their commission.

5. Enforcement of Commission:

   • Once the commission has been executed, the findings and evidence collected by the commissioner are submitted to the court.
   • The court uses this evidence in its judgment and decision-making process.
   • The court has the discretion to accept or reject the findings of the commission based on the facts presented.

Punishment

There is no direct punishment for the parties involved in the commission process. However, if a party fails to comply with the commission's instructions, the court may take actions like imposing fines, penalties, or even contempt of court charges.

In case of any obstruction in the commission's execution, the responsible party may face consequences including legal sanctions for non-cooperation.