Order XVIII Rule 19 CPC: Power to Record Witness Statements on Commission

Order XVIII Rule 19 of the Code of Civil Procedure, 1908 empowers a civil court to direct that witness statements be recorded by a commissioner instead of examining those witnesses in open court, by using the procedure under Order XXVI Rule 4A.

Order XVIII Rule 19 CPC - Statutory provision

Heading: Power to get statements recorded on commission.

"Notwithstanding anything contained in these rules, the court may, instead of examining witnesses in open court, direct their statements to be recorded on commission under rule 4A of Order XXVI."

This provision was inserted by the Code of Civil Procedure (Amendment) Act, 1999 (Act 46 of 1999), with effect from 1 July 2002. The official consolidated CPC text should be consulted for applicable amendments and local rules.

Meaning and scope of Rule 19

The phrase "notwithstanding anything contained in these rules" gives the court an express alternative to the usual method of examining witnesses under Order XVIII. A commission is a court-authorised process through which a designated commissioner records evidence for use in the pending civil suit.

The provision is discretionary: the court may order commission evidence; a party does not acquire an automatic entitlement merely by asking. Its purpose is to make the recording of testimony more practical and efficient while retaining judicial control over the proceedings.

Related CPC provisions and definitions

Order XXVI Rule 4A - Commission within local jurisdiction

Order XXVI Rule 4A permits a court, in the interest of justice, for expeditious disposal, or for any other reason, to issue a commission to examine a person residing within its local jurisdiction, on interrogatories or otherwise. Evidence recorded under that provision may be read in evidence. Rule 19 of Order XVIII expressly refers to this mechanism.

Order XVIII Rule 4 - Recording of evidence

Order XVIII Rule 4 provides for examination-in-chief by affidavit and regulates the recording of cross-examination and re-examination by the court or a commissioner, subject to its terms. Rule 19 operates alongside this broader framework rather than dispensing with applicable evidentiary safeguards.

Section 75 CPC - Power to issue commissions

Section 75 authorises courts, subject to prescribed conditions and limitations, to issue commissions for specified purposes, including the examination of persons. Order XXVI supplies procedural detail for such commissions.

Order XXVI Rules 1 to 8 - Examination of witnesses

These rules address circumstances for issuing commissions, their appointment and execution, and the return and use of depositions. The precise procedure depends on the order passed and the applicable CPC rules.

Procedure for recording statements on commission

• Request or judicial direction: The court considers whether recording evidence through a commissioner is appropriate in the suit.
• Commission order: The court identifies the witness or evidence to be recorded and issues directions about the commissioner, arrangements and applicable procedure.
• Examination: Evidence is recorded in accordance with the order and procedural law, with appropriate opportunities for cross-examination and re-examination.
• Objections and record: Evidentiary objections and recorded testimony are dealt with in the manner required by the relevant rules and the court's directions.
• Return to court: The record is submitted to the court, which retains responsibility for deciding admissibility, evidentiary weight and the suit.

Commission evidence is not a substitute for a fair hearing. Parties' procedural rights, the applicable law of evidence and any special rules for the court or category of case continue to matter.

Frequently asked questions

Can a court record witness evidence outside the courtroom?

Yes. Under Order XVIII Rule 19, a court may direct that statements be recorded on commission under Order XXVI Rule 4A instead of examining the witnesses in open court.

Is commission evidence available only when a witness lives outside the court's jurisdiction?

No. Order XXVI Rule 4A expressly addresses examination of persons residing within the local limits of the court's jurisdiction. Other provisions of Order XXVI address additional situations.

Does Rule 19 remove the right to cross-examine?

No. Rule 19 changes the forum or method of recording evidence; it does not, by itself, abolish applicable rights of cross-examination.

Can a party insist on appointment of a commissioner?

No. The wording gives the court discretion to determine whether a commission is appropriate, subject to applicable law and procedural directions.

Official legal text

Read the Code of Civil Procedure, 1908 - official India Code PDF, including Order XVIII Rule 19, Order XXVI Rule 4A and Section 75. The CPC provisions index provides further related reading.

Legal information is provided for general understanding. Check current statutory amendments, applicable High Court rules and case-specific orders before relying on a procedure.