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Civil provides that when issuing a commission for making a local investigation u/o 26, Rule 9 CPC the court shall define the points on which the Commissioner has to report. No point which can conveniently and ought to be substantiated by the parties by. evidence at the trial shall be referred to the Commissioner.
Commission is instruction or role given by the Court to a person to act on behalf of the Court and to do everything that the Court requires to deliver full and complete justice. Such person who carries out the commission is known as a Court commissioner.
By issuing a commission in a particular case, the Court performs an in - depth investigation where the Court deems necessary. Issuing of Commission can be made by the Court if it gets an application from the parties, stating the necessity for the same or sue - moto.
A Court may issue Commission for examination of witness under Rule 1 on ?Interrogatories or otherwise?. An order for examination of a witness on interrogatories is sometimes issued when examination of such witness should really be compliance. A commission can also be issued with the consent of the parties.
Commissions are of four kinds-to examine witnesses, to make local investigations, to examine accounts and to make partition of immoveable property. Most of the provisions for commissions to examine absent witnesses were adapted by the framers of the first Code (of 1859) from an Act of 18411.