(c) To examine or adjust accounts;
(d) To make a partition;
(e) To hold a scientific, technical or expert investigation;
(f) To conduct sale of property which is subject to speedy and natural decay and which is in the custody of the court pending the determination of the suit; or
(g) To perform any ministerial act.
Any court may in a suit issue a commission 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, for the examination on interrogatories or otherwise of:
(1) Any person resident within its jurisdiction who is from sickness or infirmity unable to attend it: provided that a commission for examination on interrogatories shall not be issued unless the court, for reasons to be recorded, thinks it necessary so to do, and the court may accept a certificate of a registered medical practitioner as evidence of the sickness or infirmity of any person;
(2) Any person entitled to exemption from personal appearance in court as provided in S. 133 of the Code, viz., the President and Vice-President of India, the Speaker or Chairman of the House of People, Assembly or Council, the Ministers and the Judges of the High Courts and the Supreme Court;
(3) Any woman, who, according to the customs and manners of the country, ought not to be compelled to appear in public;
(4) Any person who is about to leave the local limits of its jurisdiction before the date on which he is required to be examined in court;
(5) Any person resident beyond the local limits of its jurisdiction; and
(6) Any person in the service of the Government, who cannot, in the opinion of the court, attend without detriment to the public service: provided that in cases (4) to (6) where, under Rule 19 of Order XVI (which lays down that no witness be ordered to attend in person unless resident within certain limits), a person cannot be ordered to attend a court in person, a commission shall be issued for his examination if his evidence is considered necessary in the interests of justice and provided further that a commission for examination of such person on interrogatories shall not be issued unless the court, for reasons to be recorded, thinks it necessary so to do. (Order XXVI, Rules 1 and 4).
Examination of witnesses on commission is in the discretion of the court. It should examine witness.es on commission only for adequate reasons, which are broadly mentioned above.
The court is empowered to issue a commission for examination of a person on interrogatories or otherwise.
It is open to the court to cancel the earlier order and to drop the proceeding for examination on commission.
A commissioner was appointed by the court to inspect how much noise would be created by saw mill. The commissioner was the court’s officer, and obstructing an officer of the court is a serious violation of law. Anyone who resorts to this kind of tactic will not be entitled to any relief under Article 226 of the Constitution.
Examination of a person on commission:
If the Court has the power conferred by the statute to issue an order for examination on commission, it can very well vary or rescind the said order on the principle laid down in section 21 of the General Clauses Act. It was open to the court to cancel the earlier order and to drop the proceedings for examination on commission.