Order XXVI Rule 18B CPC - Court to Fix a Time for Return of Commission

Order XXVI Rule 18B - Statutory Text

Source: Code of Civil Procedure, 1908 - India Code (official PDF). Rule 18B was inserted by the Code of Civil Procedure (Amendment) Act, 1976 (Act 104 of 1976), section 75, with effect from 1 February 1977.

Meaning and Legal Requirements of Rule 18B

A commission is an authority issued by a court under the CPC for specified work, such as examining witnesses, carrying out a local investigation, examining accounts or conducting a partition inquiry, depending on the applicable rule. The person appointed to perform that task is generally called the Commissioner.

1. Fixing a return date is mandatory: when the court issues a commission, it must fix the date by which the commission is to be returned after execution.
2. Return after execution: the Commissioner should complete the authorised work and submit the commission and applicable report, evidence or other materials as directed by the court and the relevant provisions.
3. Extension is conditional: the court may extend the fixed date only when satisfied that sufficient cause exists, and it must record reasons for doing so.

The rule helps ensure that commission proceedings do not remain pending indefinitely and that the main case can progress under the court's supervision.

When Can the Time for Return of a Commission Be Extended?

The phrase "sufficient cause" is not separately defined in Rule 18B. It requires a case-specific assessment by the issuing court. For example, genuine obstacles in arranging a witness examination, obtaining necessary records, or completing an authorised inspection may be relevant, but no particular circumstance automatically justifies an extension.

A Commissioner or interested party seeking additional time should ordinarily bring the reasons and supporting circumstances before the issuing court promptly. The court must consider the request and record reasons if it grants an extension. Rule 18B does not prescribe a fixed number of extension days or an automatic extension.

Related Provisions of the Code of Civil Procedure

• Section 75 CPC: sets out the court's statutory power, subject to prescribed conditions and limitations, to issue commissions for specified purposes.
• Order XXVI Rule 7: deals with returning a duly executed commission for witness examination together with the evidence taken, subject to the terms of the order.
• Order XXVI Rule 10: addresses the Commissioner's procedure and report in local investigations.
• Order XXVI Rule 12: provides for court instructions and treatment of the proceedings and report in commissions to examine accounts.
• Order XXVI Rule 14: governs the Commissioner's procedure for partition commissions.
• Order XXVI Rule 18: concerns appearance of parties before the Commissioner.
• Order XXVI Rule 18A: applies Order XXVI, so far as may be, to proceedings in execution of a decree or order.

Read the official CPC text on India Code for the complete wording, applicable amendments and surrounding provisions. Local High Court rules and applicable State amendments should also be checked for the particular proceeding.

Frequently Asked Questions

Who fixes the deadline for returning a commission?

The court that issues the commission fixes the return date under Order XXVI Rule 18B.

Can the Commissioner extend the deadline independently?

No. Rule 18B places the decision to extend the date with the issuing court, which must find sufficient cause and record reasons.

Does Rule 18B apply to execution proceedings?

Order XXVI Rule 18A makes the provisions of Order XXVI applicable, so far as may be, to execution proceedings. Their application depends on the nature of the proceeding.

Is every delay sufficient cause?

No. The court assesses the reasons in the circumstances of the case. An extension is not automatic.