Published Paper Details:

Commonly, in civil trials, most cases need an expert's advice to resolve the disputed issue to dispute. Where the Court pendency is in huge numbers, so many property-related disputes are in the queue waiting for justice. If the Court deems it fit, in certain matters that are beyond its jurisdiction, then it may appoint a Court Commissioner to investigate or inquire into the said matter. This kind of case can be resolved with expert knowledge in a shorter timeframe. The appointed Commissioner should be independent, impartial and disinterested in the suit and the parties involved. Section 75 of the Code of Civil Procedure primarily addresses the commissions issued by the Courts. In some circumstances, other than the High Court for an examination of any person may be issued to any Court situated in a state. Before issuing any commission under this order (order XXVI of the Code of Civil Procedure), the Court may order such sum, if any, as it thinks reasonable for the expenses of the commission to be, within a time to be fixed, paid into Court by the party at whose instance or for whose benefit the commission is issued. To reduce the burden on the Courts, this kind of commission plays the most crucial role. Reports of the commission are very helpful during Court trials; they can also help in verdicts given by the Court, but the decision of the Court is final. The investigation report of the Court Commissioner will be used for reference purposes only while delivering a verdict on the said matter.