The Power of the Courts to Issue Commission under Civil Procedure Code, 1908 - An Exposition

Abstract

The rationale behind issuing commissions originates from the jurisprudence that there should not be any abuse of process during the pendency of proceedings. Commission is one of the forms of interim orders inter alia, temporary injunctions, security for costs, payment in courts and interlocutory orders et cetera; issued by the court to assist the parties vis-a-vis suit in the prosecution and protection of the subject matter of the suit. Howbeit, commissions are not issued to determine the substantive rights and liabilities of the parties concerning the subject matter of the suit or proceeding but is an interim order i.e., incidental proceedings to protect the rights of the parties during the pendency of the suit. The appraisal is structured as follows. The first part will construct an analysis of the provisions of the Civil Procedure Code, 1908 along with illustrations and cases. The second part provides an examination of the scope of the appurtenant statutory provisions. Lastly, the third part will be the conclusion along with the researcher's comments.