ABSTRACT:
Order for commission: An order for the issue of a commission for the examination of a witness may be made by the court either of its own motion or on the application, supported by affidavit or otherwise, of any party to the suit or of the witness to be examined. Law relating to commissions is dealt under Order 26 CPC. Commissions may be for the purpose of: (a) recording evidence of a person, (b) local inspection, (c) examinations or settlement of accounts or (d) partition of properties. Each of these varieties of commissions is common in civil courts. When a party wants to examine a person as a witness and such a proposed witness is not able to attend the court house owing to disease, infirmity, custom, (such as pardanashin lady) or legal privilege (the President of India, Judges of Supreme Court and High Court), the party who wants to examine the person can apply to the trial court for appointment of a commissioner to examine the person as a witness. Though the Code provides that any person can be appointed as a commissioner, usually, advocates are appointed as commissioners. With regard to the appointment of commissions to examine witnesses, the practice and procedure may be stated as briefly. Whenever a party feels that a commissioner is necessitated, the party whether he is the plaintiff or defendant, has to file a petition along with an affidavit in the court detailing the facts warranting the appointment of the Commissioner.