Appointment Of Local Commission - Power Of Executing Court

Whether learned executing court is vested with the power to appoint local commission during the execution proceedings?”

Section 75 and Order XXVI

of the CPC has been elaborated by High Court.

Power of court to issue commissions is embodied in Section 75 of “CPC.

In furtherance Order XXVI of the Code ibid deals with the commissions and in terms of Rule 9 a court is vested with the power to appoint a local commission where it deems a local investigation to be requisite or proper for the purpose of elucidating any matter in dispute, or of ascertaining the market value of any property, or the amount or any mesne profits or damages or annul net profits, with a direction to make such investigation and to report thereon. 

From the bare language of the above referred provision of law it is manifestly clear that power of the court to appoint local commission is restricted to the proceedings in the suit. It is not in dispute that the application under Order XXI Rule 32 of “CPC” comes under proceeding in execution. There is also no cavil to the proposition that the learned executing court is not a civil court. 

Learned Civil Judge during the execution proceedings cannot appoint local commission. The learned Civil Judge being the executing court was not vested with any power to appoint local commission.

2022 CLC 1719