Code of Civil Procedure, 1908 | Order 26

Order XXVI Rule 14 CPC - Procedure of Commissioner in Partition Suits

Order XXVI Rule 14 of the Code of Civil Procedure, 1908 prescribes how a commissioner divides immovable property under a partition commission, prepares a report and how the court considers objections before passing a decree.

Text of Order XXVI Rule 14 CPC

14. Procedure of Commissioner

(1) The Commissioner shall, after such inquiry as may be necessary, divide the property into as many shares as may be directed by the order under which the commission was issued, and shall allot such shares to the parties, and may, if authorised thereto by the said order, award sums to be paid for the purpose of equalizing the value of the shares.

(2) The Commissioner shall then prepare and sign a report or the Commissioners (where the commission was issued to more than one person and they cannot agree) shall prepare and sign separate reports appointing the share of each party and distinguishing each share (if so directed by the said order) by metes and bounds. Such report or reports shall be annexed to the commission and transmitted to the Court; and the Court, after hearing any objections which the parties may make to the report or reports, shall confirm, vary or set aside the same.

(3) Where the Court confirms or varies the report or reports it shall pass a decree in accordance with the same as confirmed or varied; but where the Court sets aside the report or reports it shall either issue a new commission or make such other order as it shall think fit.

Meaning and legal effect of Rule 14

Sub-rule (1): Division, allotment and equalization

The commissioner conducts the inquiry needed to divide the property into the number of shares specified in the court's commission. The commissioner must follow the rights already declared by the court and cannot independently alter those rights. If the order authorizes it, the commissioner may propose payments to equalize differences in the value of allotted shares. Such balancing payments are often described as owelty.

Sub-rule (2): Signed report and objections

The commissioner submits a signed report identifying each party's allotted share. Where directed, the shares are distinguished by metes and bounds, meaning by identifiable physical boundaries and measurements. If multiple commissioners disagree, they may submit separate signed reports. Parties have an opportunity to object before the court decides whether to confirm, vary or set aside the report.

Sub-rule (3): Court's order and decree

If the court confirms or varies the report, it passes a decree in accordance with the accepted allocation. If it sets aside the report, the court may issue a fresh commission or make another suitable order. The commissioner does not make the final judicial determination.

How a partition commission ordinarily proceeds

Preliminary decree: The court determines the parties' shares or rights in the partition suit.
Commission under Rule 13: Where appropriate and outside cases governed by Section 54 CPC, the court appoints a commissioner to carry out division.
Inquiry and measurement: The commissioner examines the property, its features and the feasibility of allotments, consistently with the court's directions.
Allotment: Proposed shares are identified; equalization payments may be included only if authorized.
Report: A signed report and any directed plans or boundary details are returned to the court.
Objections and judicial decision: The court hears objections and confirms, varies or sets aside the report, then acts under Rule 14(3).

Objections to a commissioner's partition report

Parties may raise reasoned objections concerning inaccurate measurements, inequitable valuation, impracticable access, disregard of the declared shares, incorrect identification of property or non-compliance with the commission's instructions. Objections should identify the disputed findings and supporting material. The court must consider objections before determining whether to accept, modify or reject the report.

Important: The commissioner's task is to implement the rights declared by the court, not to decide ownership or change the shares fixed in the preliminary decree. The court retains authority over the final decree.

Section 54 CPC: Governs partition or separation of a share of an estate assessed to payment of revenue to the Government, to be effected by the Collector or a gazetted subordinate deputed by the Collector, in accordance with the section.
Section 75 CPC: Provides for the court's power to issue commissions, subject to prescribed conditions and limitations.
Order XX Rule 18 CPC: Deals with decrees in suits for partition or separate possession of a share.
Order XXVI Rule 13 CPC: Authorizes a commission to make partition after a preliminary decree, in cases not provided for by Section 54.
Order XXVI Rule 14 CPC: Regulates the commissioner's division, signed report, objections and resulting decree.

Frequently asked questions

Can the commissioner change the parties' declared shares?

No. The commissioner implements the court's directions and the rights declared in the preliminary decree.

Can the commissioner require balancing payments?

Rule 14(1) permits awards to equalize share values only where the court's commission order authorizes them.

Is the commissioner's report binding immediately?

No. Under Rule 14(2), the court hears objections and may confirm, vary or set aside the report.

What happens if the report is rejected?

Under Rule 14(3), the court may issue a new commission or make another appropriate order.

Official statutory reference

Consult the Code of Civil Procedure, 1908 (official India Code PDF) or the India Code portal. Applicable State amendments and High Court rules should also be checked in the relevant jurisdiction.