Order XXVI Rule 18 CPC - Parties to Appear Before Commissioner
Order 26 Rule 18 of the Code of Civil Procedure, 1908 regulates the appearance of parties before a commissioner appointed by the court and permits the commissioner to continue proceedings if any party fails to appear.
Text of Order XXVI Rule 18 CPC
(1) Where a commission is issued under this Order, the Court shall direct that the parties to the suit shall appear before the Commissioner in person or by their agents or pleaders.
(2) Where all or any of the parties do not so appear, the Commissioner may proceed in their absence.
Meaning and explanation
Rule 18(1): Direction to appear
When a court issues a commission under Order XXVI, it must direct the parties to appear before the commissioner. A party may appear personally or through an agent or pleader. A commissioner is a person appointed by the court to perform a task authorized by the CPC, such as recording evidence, investigating a local matter, examining accounts or conducting a partition inquiry, as appropriate to the commission.
A pleader is a person entitled to appear and plead for another in court, as described in Section 2(15) CPC. An agent in this context is a person authorized to act on a party's behalf, subject to applicable procedural rules and the court's directions.
Rule 18(2): Absence of a party
If one or more parties fail to appear as directed, the commissioner may proceed in their absence. The word "may" confers discretion; it does not require the commissioner to stop work merely because a party is absent. The commissioner should act within the terms of the commission and any instructions issued by the court.
Proceeding in a party's absence under this rule is not itself a final decision on the merits of the suit. The commissioner's work is ordinarily placed before the issuing court for consideration under the applicable rules.
Practical significance
The provision helps ensure that commission proceedings are not indefinitely delayed by non-appearance. Parties should follow the court's directions, keep track of the commissioner's scheduled proceedings and raise procedural objections promptly before the appropriate forum.
Related CPC provisions
Section 75 CPC authorizes the court, subject to prescribed conditions and limitations, to issue commissions for specified purposes. Order XXVI Rule 16 deals with the powers of commissioners, including examination of parties and witnesses and calling for documents, subject to the rule. Order XXVI Rule 17 addresses attendance and examination of witnesses before a commissioner. Order XXVI Rule 18A concerns application of Order XXVI to execution proceedings, where applicable.
Official legal sources
Read the Code of Civil Procedure, 1908 on India Code and consult the applicable High Court rules and any state amendments when considering a particular proceeding.