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Saturday, 14 November 2026 Judgments, law jobs and study notes, written by a practising advocate
Code of Civil Procedure, 1908 · Order XXVI: Commissions

Order XXVI Rule 21 CPC: To whom commission may be issued

Bare Act text

21. To whom commission may be issued.—A commission under rule 19 may be issued to any Court within the local limits of whose jurisdiction the witness resides, or, where * * * the witness resides within the local limits of [the ordinary original civil jurisdiction of the High Court], to any person whom the Court thinks fit to execute the commission.

Amendment notes

  1. The words “the high Court is established under the Indian High Courts Act 1861, or the Government of India Act, 1915, and” omitted by the A.O. 1937.
  2. Subs. by the A.O. 1937 for “its ordinary original civil jurisdiction”.

Text of the Code of Civil Procedure, 1908 (Act No. 5 of 1908), First Schedule, as amended, including the changes for commercial disputes made by the Commercial Courts Act, 2015. Source: India Code, Government of India.

In simple words

A commission under rule 19 may be issued to any Court within whose local limits the witness resides. Where the witness resides within the local limits of the High Court's ordinary original civil jurisdiction, it may be issued to any person whom the Court thinks fit to execute it. The rule thus lets the High Court choose between a local Court and a chosen individual depending on the witness's residence.

Order XXVI: Commissions

  1. 1 Cases in which Court may issue commission to examine witness
  2. 2 Order for commission
  3. 3 Where witness resides within Court’s jurisdiction
  4. 4 Persons for whose examination commission may issue
  5. 4A Commission for examination of any person resident within the local limits of the jurisdiction of the Court
  6. 5 Commission or request to examine witness not within India
  7. 6 Court to examine witness pursuant to commission
  8. 7 Return of commission with depositions of witnesses
  9. 8 When depositions may be read in evidence
  10. 9 Commissions to make local investigations
  11. 10 Procedure of Commissioner
  12. 10A Commission for scientific investigation
  13. 10B Commission for performance of a ministerial act
  14. 10C Commission for the sale of movable property
  15. 11 Commission to examine or adjust accounts
  16. 12 Court to give Commissioner necessary instructions
  17. 13 Commission to make partition of immovable property
  18. 14 Procedure of Commissioner
  19. 15 Expenses of commission to be paid into Court
  20. 16 Powers of Commissioners
  21. 16A Questions objected to before the Commissioner
  22. 17 Attendance and examination of witnesses before Commissioner
  23. 18 Parties to appear before Commissioner
  24. 18A Application of order to execution proceedings
  25. 18B Court to fix a time for return of Commission
  26. 19 Cases in which High Court may issue commission to examine witness
  27. 20 Application for issue of commission
  28. 21 To whom commission may be issued
  29. 22 Issue, execution and return of commissions, and transmission of evidence to foreign Court
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