Code of Civil Procedure, 1908

Order XXVI Rule 20 CPC - Application for Issue of Commission

Order XXVI Rule 20 specifies who may apply to a High Court for the issue of a commission under Rule 19, in connection with obtaining evidence for proceedings before a foreign court.

What does Order XXVI Rule 20 provide?

Under Order XXVI Rule 20 of the Code of Civil Procedure, 1908, the High Court may issue a commission under Rule 19:

1. On an application by a party to the proceeding before the foreign court; or
2. On an application by a law officer of the State Government acting under instructions from the State Government.

These are the two categories of applicants expressly identified in Rule 20. The provision must be read together with Rule 19, which sets out the circumstances in which the High Court may issue a commission to examine a witness in relation to foreign proceedings.

Meaning of important legal terms

Commission

A commission is an authority issued by a court to a designated person to carry out a specified judicial task, such as examining a witness and recording evidence, subject to the court's directions.

Foreign court

For this context, a foreign court is a court outside India before which the relevant civil proceedings are pending. The request and the conditions for issuing a commission are governed by Rule 19.

Law officer of the State Government

Rule 20 permits an application by a law officer acting under instructions from the State Government. The provision does not give every government employee an independent right to apply.

How Rules 19 and 20 work together

Rule 19 concerns the circumstances in which the High Court may issue a commission to examine a witness for a foreign court. Rule 20 identifies the persons who may apply for that commission. An application under Rule 20 does not automatically entitle the applicant to a commission; the High Court must consider the applicable legal requirements.

Practical points for an application

An applicant should identify the foreign proceedings, the witness whose evidence is required, the nature of the proposed examination, the basis for invoking Rule 19 and the applicant's standing under Rule 20. Relevant foreign-court documents and any applicable High Court procedural requirements should be checked before filing.

Important: Order XXVI Rule 20 concerns commissions for evidence connected with foreign-court proceedings. It is not the general provision for appointing a commissioner for a local investigation in an ordinary Indian civil suit.

Related legal provisions and official resources

Read Order XXVI Rule 19 CPC alongside Rule 20. For the statutory text and amendments, consult the India Code official legislation portal and the applicable High Court rules.

Frequently asked questions

Who can apply under Order XXVI Rule 20 CPC?

A party to the proceedings before the foreign court, or a law officer of the State Government acting on that Government's instructions.

Does Rule 20 itself specify when a commission can be issued?

No. It identifies eligible applicants. Rule 19 governs the circumstances in which the High Court may issue the commission.

Is issuance of a commission automatic?

No. The provision uses the word "may", and the High Court must assess the requirements of the applicable law.