Code of Civil Procedure, 1908 | Part III - Incidental Proceedings
Section 75 CPC - Power of Court to Issue Commissions
Section 75 of the Code of Civil Procedure, 1908 (CPC) empowers a civil court to issue commissions for specified purposes, including examining witnesses, investigating disputed facts, examining accounts and dividing property. The exercise of this power is subject to prescribed conditions and limitations, principally those in Order XXVI of the First Schedule.
Section 75 CPC - Statutory Provision
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.
Clauses (e), (f) and (g) were inserted by the Code of Civil Procedure (Amendment) Act, 1976. The statutory text above is presented without historical amendment brackets for readability. Refer to the official CPC text on India Code for the legislation and its notes.
Meaning and Purpose of a Commission
A commission is a judicially authorised assignment to a commissioner, such as an advocate, technical expert or another suitable person, or to another court where the law permits. It may be needed where evidence cannot conveniently be recorded in court or where a factual, technical or administrative task will help the court decide an issue.
The words "may issue" indicate discretion, not an automatic entitlement. The court must consider necessity, relevance, the applicable rules and fairness to the parties. A commissioner acts within the terms of the appointment order and ordinarily submits a report or recorded evidence to the court.
Seven Purposes Under Section 75 CPC
1. Examination of any person - Section 75(a)
The court may commission the examination of a witness where the circumstances satisfy Order XXVI Rules 1 to 8, including specified situations involving illness, exemption from attendance, residence outside the court's territorial limits or examination abroad. Rule 4A also provides for examination of a person residing within the court's jurisdiction in the circumstances stated there.
2. Local investigation - Section 75(b)
Under Order XXVI Rules 9 and 10, a commissioner may inspect a site or property and report on matters that require local inquiry, including disputed physical features, market value, mesne profits or damages. A commission should clarify relevant issues, not be used merely to collect evidence that a party must otherwise establish.
3. Examination or adjustment of accounts - Section 75(c)
Order XXVI Rules 11 and 12 permit a commissioner to examine complex accounts, reconcile entries or prepare calculations in accordance with the court's directions. The court retains authority to evaluate the report and order further inquiry.
4. Partition - Section 75(d)
Order XXVI Rules 13 and 14 govern commissions for partition of immovable property in appropriate cases. The commissioner may propose a division, prepare a plan and submit a report, subject to the parties' objections and the court's orders. The final determination remains with the court.
5. Scientific, technical or expert investigation - Section 75(e)
Order XXVI Rule 10A provides for a commission where a question in dispute requires a scientific investigation that cannot conveniently be conducted before the court. The court may appoint a suitable expert and specify the question to be examined.
6. Sale of property liable to rapid deterioration - Section 75(f)
Order XXVI Rule 10C deals with a commission to sell movable property in the custody of the court which cannot conveniently be preserved, where the court records the required reasons. The provision is designed to protect the value of property pending the suit, not to authorise unrestricted sales.
7. Performance of a ministerial act - Section 75(g)
Order XXVI Rule 10B allows the court to commission a ministerial act which cannot conveniently be performed before the court. A ministerial act is an essentially administrative or non-adjudicatory task; the commissioner cannot decide the legal rights of the parties.
Order XXVI CPC - Important Rules
| Order XXVI provision | Subject |
|---|---|
| Rules 1-8 | Commissions for examination of witnesses, execution and use of depositions |
| Rules 9-10 | Local investigations and the commissioner's report |
| Rule 10A | Scientific investigation |
| Rule 10B | Ministerial acts |
| Rule 10C | Sale of movable property |
| Rules 11-12 | Examination or adjustment of accounts |
| Rules 13-14 | Partition of immovable property |
| Rules 15-18B | Expenses, powers, objections, attendance, execution proceedings and time for return |
How a Court Issues a Commission
- Identify the need: A party may apply for a commission where the relevant rule permits, or the court may act on its own motion in an appropriate case.
- Assess the legal basis: The court considers Section 75, the relevant Order XXVI rule, necessity and the scope of the proposed inquiry.
- Define the assignment: The order identifies the commissioner, the specific tasks, the required report or evidence and any deadline.
- Arrange expenses: Under Rule 15, the court may direct payment of reasonable expenses into court.
- Execute and report: The commissioner performs the authorised work, follows applicable procedural safeguards and returns the report or evidence.
- Judicial consideration: The court considers the material, objections and any need for clarification, further inquiry or examination of the commissioner.
Evidentiary Value and Objections
Under Order XXVI Rule 10(2), a local investigation commissioner's report and the evidence taken by the commissioner form part of the record and are evidence in the suit. The court may examine the commissioner and, under Rule 10(3), direct further inquiry if dissatisfied with the proceedings. Different provisions govern witness depositions, including Rule 8, and reports on accounts or partition.
A commissioner's findings are not automatically conclusive. Parties may raise permissible objections, and the court must assess the material in accordance with the applicable procedural and evidentiary rules.
Related Statutory Provisions
Section 76 CPC: Addresses a commission to another court for examining a person in another State. Section 77 CPC: Permits a letter of request for examination of a witness outside India. Section 78 CPC: Concerns commissions issued by or at the instance of certain other courts, including foreign courts, subject to prescribed conditions.
For the current central text and detailed procedural rules, consult the India Code entry for the Code of Civil Procedure, 1908 and the official Act and First Schedule PDF. Applicable High Court rules, local amendments and case-specific orders should also be checked.
Frequently Asked Questions
Is appointment of a commissioner mandatory under Section 75 CPC?
No. Section 75 confers a discretionary power, subject to the applicable procedural rules and the facts of the case.
Can a commissioner decide ownership or title?
No. A commissioner may investigate or report on assigned matters, but the court decides questions of title, rights and liability.
Can the court reject a commissioner's report?
The court is not bound to accept every conclusion in a report. Depending on the applicable rule and circumstances, it may consider objections, examine the commissioner or order further inquiry.
Which rules govern a local investigation?
Order XXVI Rules 9 and 10 of the CPC principally govern commissions for local investigations.
Legal note: This article explains the central CPC framework as reviewed on 11 October 2026. State amendments, High Court rules and subsequent legal developments may affect individual proceedings. This material is general legal information, not advice on a particular dispute.