COMMISSIONS

Order XXVI
PURPOSES
 As per section 75 commission can be appointed for the following purposes.

a) To examine witness (0rder 26- Rules- 1 to 8)

b) To make a local investigation (Order 26, Rules: 9,10)
c) To examine or adjust accounts( Order 26, rules:11,12)
d) To make a partition (Order 26, rules:13,14)
 The power of appointing commission is a discretionary power of the court. The power can be
exercised suo moto or on application of the parties.
CASE LAW ON RULE 1
 Mere age is no ground for allowing commission. Evidence taken on commission should only
be permitted to be used where the witness is proved to be too ill to give his evidence in court.-
Zeauddin Hyder v Habibur Rahman,1969 DLC 234
 The power is an exceptional one and should be used carefully and only after being fully
satisfied that there is no other way to examine the witness whose evidence is necessary for
proper disposal of the suit. Occasional infirmity is not enough to allow a commission in
exercise of this extraordinary power.-Sonali Bank vs M/Fair Chemicals Pvt Ltd,(2011) 19
BLT (AD) 52
 Commission should not be issued only on the consideration that the witness is a religious head
or a man of high social status.- Moazzem Hossain Vs Md Anowar,28 DLR 17
 The court shall consider grounds established under Section 132 and 133 while issuing
Commission under order 26.
CASE LAW ON RULE 5
 “The High Court Division held that, the court may, on application made by a party,issue
commission for examination of witness residing in a foreign country who is not only
important for the plaintiff but also for the defendant.-Hanover Fire Insurance vs Murlidhar,8
DLR 186
 In some Indian decisions there are differences of opinion. It has been held in several cases that
unless there is a reciprocal arrangement,letter of request cannot be sent to a foreign country.
 From an overall view it can be said that there should not be any restriction in case of issuing
Commission to examine any person residing outside Bangladesh so long as it is necessary to
ensure justice and. The power can be exercised unless or until it creates any inter-state
complications because of the absence of reciprocal arrangement.- 29 DLR (SC) 170
CASE LAWS ON RULE 9
 Purpose os issuing Commission for local investigation

a) Elucidating any matter in dispute

b) Ascertaining the market value of any property
c) To Determine the mesne profit,damages or annual net profits

 The Court should not appoint a commissioner to report on a matter which only the court can
decide on taking evidence. The decision on a material issue can never be determined by
commissioner. Only the court has jurisdiction to deal with facts in issue.- Rama Krishna Vs
Ratan,35 CWN 84