Report No. 77

6.13. Commissions.-

Another cause of delay in the disposal of cases is the provision about issue of commissions for the examination of witnesses or for local inspection.1 Quite frequently, the needful is not done by the next date of hearing, and the case has to be adjourned repeatedly on that account.

Necessary directions may be given, while issuing the commission, to ensure that the needful is done before the next date of hearing. Only in exceptional cases, the necessity should arise for giving another date for the purpose. Obligation may also be cast except in some particular cases, on the party desiring the examination of a witness on commission to ensure his presence before the commissioner on the date fixed.

1. Order 26, Code of Civil Procedure.