Order XXVI Rule 16 CPC - Powers of Commissioners
Order 26 Rule 16 of the Code of Civil Procedure, 1908 sets out the powers of a commissioner appointed by a civil court. These powers relate to examining persons, inspecting relevant material and entering specified premises for the purpose of the court-directed inquiry.
Text of Order XXVI Rule 16 CPC
16. Powers of commissioners. Any commissioner appointed under this Order may, unless otherwise directed by the order of appointment,-
(a) examine the parties themselves and any witness whom they or any of them may produce, and any other person whom the Commissioner thinks proper to call upon to give evidence in the matter referred to him;
(b) call for and examine documents and other things relevant to the subject of inquiry;
(c) at any reasonable time enter upon or into any land or building mentioned in the order.
Source: Code of Civil Procedure, 1908 - official India Code PDF. The court's appointment order may limit or modify the powers described above.
Meaning and scope of Rule 16
A commissioner is a person appointed by the court to carry out a specified task under Order XXVI. The order of appointment is the court order defining the task and any special instructions or restrictions. Rule 16 confers procedural powers to enable the commissioner to perform that task; it does not confer an unrestricted authority to investigate matters beyond the reference.
Rule 16(a): Examination of parties and witnesses
The commissioner may examine the litigating parties, witnesses produced by them and other persons the commissioner considers appropriate to give evidence on the matter referred. The examination must remain within the scope of the commission and the court's directions.
Rule 16(b): Examination of documents and relevant things
The commissioner may call for and examine documents and other material relevant to the inquiry. This can include records or physical objects needed to complete the assigned task. Relevance to the subject of inquiry is an express limitation in the rule.
Rule 16(c): Entry into land or buildings
The commissioner may enter land or a building identified in the appointment order at a reasonable time. This power is tied to the specified premises and the purpose of the commission; Rule 16 does not authorize entry into unrelated property.
Related provisions under the CPC
Section 75 CPC authorizes the court, subject to prescribed conditions and limitations, to issue commissions for purposes including examining persons, conducting local investigations, examining accounts and making partitions.
Order XXVI Rule 9 addresses commissions for local investigation; Rule 10 governs the commissioner's report and its evidentiary treatment in local investigations. Rule 15 allows the court to require deposit of reasonable commission expenses. Rule 16A provides a procedure for recording objections to questions put before a commissioner. Rule 17 addresses attendance and examination of witnesses, while Rule 18 concerns appearance of parties before the commissioner.
Practical application
For example, where a court appoints a commissioner to inspect a disputed property, the commissioner may examine relevant persons, request material relating to the inquiry and visit the property named in the order at a reasonable time. The commissioner should follow the terms of appointment and submit the work to the court as directed. The commissioner does not independently decide the parties' substantive legal rights.
Official legal reference
Read the Code of Civil Procedure, 1908 on India Code for the statutory text. Applicable High Court rules, local amendments and the specific court order should also be checked for a particular proceeding.
This article is general legal information and not a substitute for advice on the facts of a specific case.