Order XXVI Rule 10A CPC - Commission for Scientific Investigation
Order XXVI Rule 10A of the Code of Civil Procedure, 1908 empowers a civil court to appoint a commissioner for a scientific investigation that cannot conveniently be conducted in court, when doing so is necessary or expedient in the interests of justice.
Text of Order XXVI Rule 10A CPC
Commission for scientific investigation
(1) Where any question arising in a suit involves any scientific investigation which cannot, in the opinion of the Court, be conveniently conducted before the Court, the Court may, if it thinks it necessary or expedient in the interests of justice so to do, issue a commission to such person as it thinks fit, directing him to inquire into such question and report thereon to the Court.
(2) The provisions of rule 10 of this Order shall, as far as may be, apply in relation to a Commissioner appointed under this rule as they apply in relation to a Commissioner appointed under rule 9.
Official legislation: Code of Civil Procedure, 1908 (India Code, official text). Consult applicable state amendments and court rules where relevant.
Meaning and scope of Rule 10A
Scientific investigation means an inquiry requiring scientific or technical examination to assist the court in deciding a question arising in a civil suit. Depending on the dispute, it may concern technical measurements, testing or specialist analysis. The rule does not prescribe a closed list of scientific disciplines.
The court must form the opinion that the investigation cannot conveniently be carried out before it. The court must also consider the commission necessary or expedient in the interests of justice. Appointment is discretionary: a party's request does not automatically require the court to issue a commission.
When may the court issue a commission?
Rule 10A(1) contemplates a question arising in a pending suit, a need for scientific investigation, practical difficulty in conducting that investigation in open court, and a judicial decision that an inquiry and report would assist the fair determination of the case.
Who may be appointed?
The court may appoint a person it considers fit for the scientific task. Relevant expertise, independence, the subject of the inquiry and the terms of reference are practical considerations for the court.
Procedure and evidentiary value of the commissioner's report
Rule 10A(2) applies Order XXVI Rule 10, as far as practicable, to scientific investigation commissions. The commissioner ordinarily submits a signed written report and any evidence recorded during the inquiry.
Under Rule 10(2), the commissioner's report and evidence taken by the commissioner (but not the evidence without the report) form part of the record and constitute evidence in the suit. The court, or a party with the court's permission, may examine the commissioner in open court regarding the inquiry, report or manner of investigation.
If dissatisfied with the commissioner's proceedings, the court may direct further inquiry under Rule 10(3). The report is evidence for judicial assessment, not an automatic or conclusive determination of the parties' rights.
Difference between Rule 9 and Rule 10A
Order XXVI Rule 9 deals with local investigations to clarify disputed matters or ascertain specified values or profits. Rule 10A specifically addresses scientific investigations that cannot conveniently be conducted before the court. Rule 10 governs the commissioner's procedure and report in the manner stated above.
Practical point: The court's order should identify the scientific question, the commissioner's task and the reporting requirements. The parties remain entitled to raise appropriate objections and seek examination of the commissioner subject to the court's directions.
Frequently asked questions
Is appointment of a scientific commissioner mandatory?
No. Rule 10A uses the word "may" and leaves the decision to the court on the statutory conditions.
Can the commissioner decide the case?
No. The commissioner investigates the assigned scientific question and reports to the court; the court adjudicates the dispute.
Can a party question the commissioner's findings?
Yes. Under Rule 10(2), as applied by Rule 10A(2), a party may seek the court's permission to examine the commissioner in open court.
This article explains the central CPC provisions. State amendments, applicable court rules and case-specific orders should also be checked.