ORDER XXVI COMMISSIONS GENERAL PROVISIONS - RULE 15, 16, 16A, 17, 18, 18A, 18B OF CODE OF CIVIL PROCEDURE 1908

Is Expenses of commission to be paid into Court? What are the Powers of Commissioners? What are the Questions objected to before the Commissioner? Attendance and examination of witnesses before Commissioner, Are Parties to appear before Commissioner? Application of Order to execution proceedings, Is Court to fix a time for return of commission? Rule 15, 16, 16A, 17, 18, 18A and 18B of Order XXVI of Code of Civil Procedure 1908

Expenses of commission to be paid into Court, Powers of Commissioners, Questions objected to before the Commissioner, Attendance and examination of witnesses before Commissioner, Parties to appear before Commissioner, Application of Order to execution proceedings and Court to fix a time for return of commission are defined under Rule 15, 16, 16A, 17, 18, 18A and 18B of Order XXVI of Code of Civil Procedure 1908. Provisions under these Rules are:


 

Rule 15 Order XXVI of Code of Civil Procedure 1908 "Expenses of commission to be paid into Court"

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.

Rule 16 Order XXVI of Code of Civil Procedure 1908 "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.

Rule 16A Order XXVI of Code of Civil Procedure 1908 "Questions objected to before the Commissioner"

(1) Where any question put to a witness is objected to by a party or his pleader in proceedings before a Commissioner appointed under this Order, the Commissioner shall take down the question, the answer, the objections and the name of the party or, as the case may be, the pleader so objecting :

Provided that. the Commissioner shall not take down the answer to a question which is objected to on the ground of privilege but may continue with the examination of the witness, leaving the party to get the question of privilege decided by the Court, and, where the Court decides that there is no question of privilege, the witness may be recalled by the Commissioner and examined by him or the witness may be examined by the Court with regard to the question which was objected to on the ground of privilege.

(2) No answer taken down under sub-rule (1) shall be read as evidence in the suit except by the order of the Court.

Rule 17 Order XXVI of Code of Civil Procedure 1908 "Attendance and examination of witnesses before Commissioner"

(1) The provisions of this Code relating to the summoning, attendance and examination of witnesses, and to the remuneration of, and penalties to be imposed upon, witnesses, shall apply to persons required to give evidence or to produce documents under this Order whether the commission in execution of which they are so required has been issued by a Court situate within or by a Court situate beyond the limits of India, and for the purposes of this rule the Commissioner shall be deemed to be a Civil Court :

Provided that when the Commissioner is not a Judge of a Civil Court he shall not be competent to impose penalties; but such penalties may be imposed on the application of such Commissioner by the Court by which the commission was issued.

(2) A Commissioner may apply to any Court (not being a High Court) within the local limits or whose jurisdiction a witness resides for the issue of any process which he may find it necessary to issue to or against such witness, and such Court may, in its discretion, issue such process as it considers reasonable and proper.

Rule 18 Order XXVI of Code of Civil Procedure 1908 "Parties to appear before Commissioner"

(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.

Rule 18A Order XXVI of Code of Civil Procedure 1908 "Application of Order to execution proceedings"

The provisions of this Order shall apply, so far as may be, to proceedings in execution of a decree or order.

Rule 18B Order XXVI of Code of Civil Procedure 1908 "Court to fix a time for return of commission"

The Court issuing a commission shall fix a date on or before which the commission shall be returned to it. after execution, and the date so fixed shall not be extended except where the Court, for reasons to be recorded, is satisfied that there is sufficient cause for extending the date

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