Skip to content
Friday, 13 November 2026 Judgments, law jobs and study notes, written by a practising advocate
Code of Civil Procedure, 1908 · Order XXVI: Commissions

Order XXVI Rule 4A CPC: Commission for examination of any person resident within the local limits of the jurisdiction of the Court

Bare Act text

[4A. Commission for examination of any person resident within the local limits of the jurisdiction of the Court.—Notwithstanding anything contained in these rules, any court may, in the interest of justice or for the expeditious disposal of the case or for any other reason, issue commission in any suit for the examination, on interrogatories or otherwise, of any person resident within the local limits of its jurisdiction, and the evidence so recorded shall be read in evidence.]

Amendment notes

  1. Ins. by Act 46 of 1999, s. 29 (w.e.f. 1-7-2002).

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

Despite anything in the rules, any Court may, in the interest of justice, for expeditious disposal of the case or for any other reason, issue a commission for the examination, on interrogatories or otherwise, of any person resident within its own local limits. The evidence so recorded is to be read in evidence. This rule was inserted by the 1999 amendment, effective 1 July 2002.

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