Code of Civil Procedure, 1908 | Order XXVI

Order XXVI Rule 10C CPC - Commission for Sale of Movable Property

Order 26 Rule 10C empowers a civil court, subject to recorded reasons and specified conditions, to appoint a commissioner to sell movable property held in the court's custody when it cannot conveniently be preserved pending a suit.

Text of Order XXVI Rule 10C

Commission for the sale of movable property

(1) Where, in any suit, it becomes necessary to sell any movable property which is in the custody of the Court pending the determination of the suit and which cannot be conveniently preserved, the Court may, if, for reasons to be recorded, it is of opinion that it is necessary or expedient in the interests of justice so to do, issue a commission to such person as it thinks fit, directing him to conduct such sale and report thereon to the Court.

(2) The provisions of rule 10 of this Order shall apply in relation to a Commissioner appointed under this rule as they apply in relation to a Commissioner appointed under rule 9.

(3) Every such sale shall be held, as far as may be, in accordance with the procedure prescribed for the sale of movable property in execution of a decree.

Meaning and purpose of Rule 10C

A commission is an authority issued by a court to a person appointed to perform a specified task and report the result. Movable property generally means property capable of being moved, such as goods, vehicles, equipment or other tangible articles, as distinguished from immovable property. A ministerial sale under Rule 10C is a court-supervised process to preserve the value of property; it does not itself determine who ultimately owns the property.

Rule 10C addresses property already in the custody of the court while the suit remains undecided. If retaining the article is impractical, the court can arrange a sale through a commissioner instead of allowing its condition or value to deteriorate.

Conditions for appointing a commissioner

A pending suit: the property is held by the court pending determination of that suit.
Movable property: the subject matter is movable, not land or a building.
Difficulty of preservation: the property cannot conveniently be preserved, for example because it is perishable or costly to store. These are illustrative circumstances, not automatic grounds for sale.
Reasons recorded: the court must record why the proposed commission is necessary or expedient in the interests of justice.
Defined assignment: the commissioner must conduct the sale and submit a report to the court.

Procedure for sale and the commissioner's report

Sub-rule (1) allows the court to choose a suitable commissioner and specify the scope of the sale. The order should identify the property and any safeguards or directions considered appropriate, including accounting for the proceeds.

Sub-rule (2) applies Order XXVI Rule 10, as applicable. The commissioner must report to the court; the report and evidence taken under the commission form part of the suit record in the manner provided by Rule 10. The court or, with its permission, a party may examine the commissioner, and the court may order further inquiry if dissatisfied.

Sub-rule (3) requires the sale, as far as practicable, to follow the procedure prescribed for selling movable property in execution of a decree. The relevant execution framework is found in Order XXI CPC, subject to the nature of the property and the court's directions.

Section 75 CPC: sets out the court's general powers to issue commissions, subject to prescribed conditions and limitations.
Order XXVI Rule 9: deals with commissions for local investigation, distinct from sale of property.
Order XXVI Rule 10: regulates the commissioner's report, its evidentiary treatment and further inquiry.
Order XXI: contains rules governing execution of decrees, including sale procedures relevant by reference under Rule 10C(3).
Order XXXIX Rule 6: separately addresses interim sale of certain movable property in specified circumstances; its requirements and procedure should not be confused with Rule 10C.

Practical implications

A party seeking a commission should identify the property, explain why preservation is impractical, and provide supporting material where available. The court decides whether a sale is justified and on what terms. The commissioner is accountable to the court for carrying out the assignment and reporting its outcome. The eventual treatment of the proceeds depends on the court's orders and the rights determined in the suit.

Official legislation

Read the Code of Civil Procedure, 1908 (Act 5 of 1908), official India Code text. The provision should also be read with applicable amendments, High Court rules and case-specific judicial directions.

Legal note: This article explains the general CPC framework. State amendments, local court rules and the facts of a particular suit may affect the procedure.