Order XXVI Rule 15 CPC: Expenses of Commission to Be Paid into Court
Order 26 Rule 15 of the Code of Civil Procedure, 1908 (CPC), empowers a civil court to require an advance deposit of reasonable commission expenses before issuing a commission. The deposit may be directed from the party requesting the commission or the party for whose benefit it is issued.
Text of Order XXVI Rule 15 CPC
Before issuing any commission under this Order, the Court may order such sum (if any) as it thinks reasonable for the expenses of the commission to be, within a time to be fixed, paid into Court by the party at whose instance or for whose benefit the commission is issued.
Meaning and scope of Rule 15
Commission: An authorization issued by a civil court for a designated commissioner to carry out a specified task, such as examining a witness, conducting a local investigation, examining accounts or carrying out a partition-related inquiry, subject to the relevant rules.
Expenses of commission: Reasonable expenditure directly connected with carrying out the commission, commonly including the commissioner's fee and necessary out-of-pocket expenditure. It is not automatically every litigation expense incurred by the opposing party.
Paid into Court: The amount is deposited with the court according to its order, rather than paid privately without judicial direction.
Key requirements under Order 26 Rule 15
- Judicial discretion: The word "may" means the court has discretion whether to order a deposit and in what reasonable amount.
- Before issue: The rule authorizes a deposit requirement before the commission is issued.
- Responsible party: The court may direct the party at whose instance, or for whose benefit, the commission is issued to pay.
- Time limit: The court can specify a period for making the deposit.
- Reasonable sum: The deposit should reflect anticipated expenses of the particular commission, not an arbitrary fixed charge.
How the deposit works in practice
After considering an application for a commission, the court may determine whether the commission is necessary, specify its purpose, fix a reasonable initial expense deposit and set a deadline. The party directed to pay should deposit the sum in accordance with the court's directions. Where applicable, local court rules may address additional deposits, commissioner's remuneration and accounting of expenses.
Failure to deposit within the period fixed may affect issuance or execution of the commission, subject to the particular court order and any extension or further directions. Rule 15 itself does not prescribe a universal fixed fee or an automatic penalty.
Related provisions of the CPC
Section 75 CPC: Subject to prescribed conditions and limitations, empowers courts to issue commissions for purposes including examining persons, making local investigations, examining or adjusting accounts and making partitions.
Order XXVI Rule 9: Concerns commissions for local investigations to elucidate matters in dispute and certain valuation or assessment questions.
Order XXVI Rules 13 and 14: Concern commissions for partition of immovable property and the commissioner's procedure.
Order XXVI Rule 16: Sets out certain powers of commissioners, subject to the terms of appointment.
Section 35 CPC: Deals with costs of litigation generally; this is distinct from the advance expenses of a commission under Rule 15.
Official legal references
Read the India Code official legislation portal for the Code of Civil Procedure, 1908 and amendments. The Andhra Pradesh High Court-hosted CPC text includes the Order XXVI rules. Court-specific procedural rules may also apply.
Frequently asked questions
Who must pay the commission expenses?
The court may direct the party requesting or benefiting from the commission to deposit a reasonable amount.
Is the deposit mandatory in every case?
No. The wording "may" and "such sum (if any)" makes a deposit discretionary under Rule 15.
Does Rule 15 specify a fixed commissioner's fee?
No. The court determines a reasonable amount, taking into account the work and any applicable local rules.
Can the court require further expenses?
Additional amounts may be required under applicable court rules or subsequent judicial directions where the initial deposit proves insufficient.
Legal information only. Check the applicable state amendments, High Court rules and the orders made in the particular case.