Incidental Proceedings – Commissions (Section 75)
1. Core Statutory Purposes of a Commission
Under Section 75 of the CPC, a civil court is empowered to issue a Commission (not a decree or order) to delegate specific fact-finding and administrative tasks. The court may issue a commission for the following allowable purposes:
- To examine any person (witnesses).
- To make a local investigation (e.g., boundary disputes).
- To examine or adjust accounts.
- To make a partition of immovable property.
- To hold scientific, technical, or expert investigations.
- To conduct sales of property subject to speedy/natural decay.
- To perform ministerial acts.
2. Witness Examination Categories
A civil court can issue a commission to examine individuals who cannot easily attend court. This includes:
- A sick and infirm person.
- A Parda-Nasheen woman (exempt from public appearance).
- Government servants who cannot attend court without detriment to public service.
3. Absolute Statutory Exceptions (What a Commission CANNOT Do)
A commission is strictly a fact-finding and administrative mechanism. It can never be used to delegate essential judicial or state functions.
- No Criminal Powers: A civil court cannot issue a commission to make a criminal investigation.
- No Adjudication Powers: A commission is issued to gather facts to help the judge decide. A court cannot issue a commission to issue a decree.