Order XXVI CPC Rules 11 to 14: Commissions for Accounts and Partition
Order XXVI of the Code of Civil Procedure, 1908 deals with commissions. Rules 11 and 12 concern commissions to examine or adjust accounts, while Rules 13 and 14 govern commissions to make partition or separation of immovable property after a preliminary decree for partition.
Rule 11 Order XXVI - Commission to examine or adjust accounts
In any suit in which an examination or adjustment of the accounts is necessary, the Court may issue a commission to such person as it thinks fit directing him to make such examination or adjustment.
Rule 12 Order XXVI - Court to give Commissioner necessary instructions
(1) The Court shall furnish the Commissioner with such part of the proceedings and such instructions as appear necessary, and the instructions shall distinctly specify whether the Commissioner is merely to transmit the proceedings which he may hold on the inquiry, or also to report his own opinion on the point referred for his examination.
(2) Proceedings and report to be evidence; Court may direct further inquiry. The proceedings and report, if any, of the Commissioner shall be evidence in the suit, but where the Court has reason to be dissatisfied with them, it may direct such further inquiry as it shall think fit.
Rule 13 Order XXVI - Commission to make partition of immovable property
Where a preliminary decree for partition has been passed, the Court may, in any case not provided for by section 54, issue a commission to such person as it thinks fit to make the partition or separation according to the rights as declared in such decree.
Rule 14 Order XXVI - Procedure of Commissioner
(1) The Commissioner shall, after such inquiry as may be necessary, divide the property into as many shares as may be directed by the order under which the commission was issued, and shall allot such shares to the parties, and may, if authorised thereto by the said order, award sums to be paid for the purpose of equalizing the value of the shares.
(2) The Commissioner shall then prepare and sign a report or the Commissioners, where the commission was issued to more than one person and they cannot agree, shall prepare and sign separate reports apportioning the share of each party and distinguishing each share, if so directed by the said order, by metes and bounds. Such report or reports shall be annexed to the commission and transmitted to the Court; and the Court, after hearing any objections which the parties may make to the report or reports, shall confirm, vary or set aside the same.
(3) Where the Court confirms or varies the report or reports, it shall pass a decree in accordance with the same as confirmed or varied; but where the Court sets aside the report or reports it shall either issue a new commission or make such other order as it shall think fit.
Key points under Order XXVI Rules 11 to 14
Rules 11 and 12 enable the Court to appoint a Commissioner where accounts must be examined or adjusted and require the Court to define the Commissioner's task and evidentiary role. The Court may order further inquiry if dissatisfied with the proceedings or report.
Rules 13 and 14 apply after a preliminary decree for partition in cases not covered by section 54. The Commissioner divides and allots the property according to the declared rights, and the Court may confirm, vary or set aside the report before passing the appropriate decree.
This page reproduces and explains the central statutory provisions for general legal information. Jurisdiction-specific amendments and current court rules should be checked before relying on the provision in a particular proceeding.