Code of Civil Procedure, 1908 | Order 26

Order XXVI Rule 10 CPC - Procedure of Commissioner

Order XXVI Rule 10 of the Code of Civil Procedure, 1908 governs how a commissioner appointed for a local investigation submits evidence and a written report, how that material is treated in a civil suit, and when the court may require further inquiry.

Text of Order XXVI Rule 10 CPC

10. Procedure of Commissioner

(1) The Commissioner, after such local inspection as he deems necessary and after reducing to writing the evidence taken by him, shall return such evidence, together with his report in writing signed by him, to the Court.

(2) Report and depositions to be evidence in suit. Commissioner may be examined in person. The report of the Commissioner and the evidence taken by him (but not the evidence without the report) shall be evidence in the suit and shall form part of the record; but the Court or, with the permission of the Court, any of the parties to the suit may examine the Commissioner personally in open Court touching any of the matters referred to him or mentioned in his report, or as to his report, or as to the manner in which he has made the investigation.

(3) Where the Court is for any reason dissatisfied with the proceedings of the Commissioner, it may direct such further inquiry to be made as it shall think fit.

Meaning and explanation of Rule 10

Sub-rule (1): Local inspection and signed report

The commissioner must carry out the inspection required by the court's commission, record any evidence taken during the inquiry in writing, and send that evidence together with a signed written report to the court. The scope of the inspection is determined by the court's directions and the matters requiring investigation.

Sub-rule (2): Evidentiary value of the report

The commissioner's report and the evidence recorded by the commissioner together constitute evidence in the suit and become part of the court record. The provision expressly excludes evidence taken under the commission if it is presented without the report. Admission into the record does not mean that the court must accept every conclusion in the report; the court evaluates the material alongside other evidence.

The court may examine the commissioner in open court. A party may also examine the commissioner, but only with the court's permission. Questions may concern the matters investigated, statements in the report, or the methods used in conducting the investigation.

Sub-rule (3): Further inquiry

If dissatisfied with the commissioner's proceedings, the court may direct a further inquiry as it considers appropriate. Depending on the circumstances and the court's order, this may involve clarification, supplementary investigation or a fresh inquiry. The court retains control over the commission process.

Practical application in civil suits

Order XXVI Rule 10 is especially relevant to commissions for local investigation under Order XXVI Rule 9 CPC. Local investigations can assist the court with physical features, boundaries, access, measurements, possession-related observations or valuation issues where those matters are relevant to the dispute.

Appointment: The court issues a commission identifying the purpose and scope of investigation.
Inspection: The commissioner undertakes the directed local inspection and records evidence, where applicable.
Return: A signed report and recorded evidence are submitted to the court.
Consideration: The report and accompanying evidence become part of the suit record, subject to judicial assessment.
Questions or further inquiry: The commissioner may be examined, and the court may order further inquiry if dissatisfied.

Can a party object to a commissioner's report?

Yes. A party may raise specific objections to the report, such as alleged errors in measurements, omission of relevant features, departure from the commission's directions, or defects in the investigation. The court determines the significance of those objections. With permission, the party may examine the commissioner under Rule 10(2). Under Rule 10(3), the court may order further inquiry if it is dissatisfied with the proceedings.

Important distinction: A commissioner's report assists the court in deciding factual questions; it does not itself decide title, ownership or the ultimate legal rights of the parties. Those questions remain for judicial determination on the entire record.

Section 75 CPC: The statutory power of a court to issue commissions, including for local investigation, subject to prescribed conditions and limitations.
Order XXVI Rule 9 CPC: Authorizes local investigations where the court considers them requisite or proper for elucidating a matter in dispute or assessing specified values or amounts.
Order XXVI Rule 10 CPC: Regulates the commissioner's report, evidentiary treatment, examination and further inquiry.
Order XXVI Rule 18 CPC: Addresses appearance of parties before a commissioner, subject to the applicable procedural requirements.

Frequently asked questions

Is the commissioner's report automatically binding on the court?

No. The report is evidence forming part of the record under Rule 10(2), but its reliability and weight are matters for the court to assess.

Can the commissioner be questioned in court?

Yes. The court can examine the commissioner, and a party may do so with the court's permission, regarding the report or the investigation.

Can the court order another investigation?

Rule 10(3) empowers the court to direct further inquiry if dissatisfied with the commissioner's proceedings.

Official law and further reading

Read the Code of Civil Procedure, 1908 (India Code, official statutory text) and the India Code official portal. The text and application of procedural rules should also be checked against any applicable High Court rules and State amendments.