CPC Section 104

CPC Section 104 governs the issuance of commissions by civil courts to examine witnesses or documents when direct examination is impractical. This provision ensures that evidence can be collected efficiently, even if a witness cannot attend the court personally. Understanding this section helps parties secure vital testimony or document verification through authorized representatives.

The section plays a crucial procedural role in civil litigation, allowing courts to delegate the task of examination to a commissioner. This flexibility aids in the smooth progress of suits, especially in cases involving distant witnesses or complex evidence. Readers should grasp its application to navigate civil procedures effectively.

CPC Section 104 – Exact Provision

This section allows courts to appoint commissioners to examine witnesses or inspect documents when direct court attendance is impractical or would cause unreasonable delay or expense. It facilitates evidence collection by delegating examination duties, ensuring justice is not hindered by logistical challenges.

• Authorizes issuance of commissions for witness examination.

• Applies when witness attendance causes unreasonable delay or expense.

• Includes examination of documents or property related to the suit.

• Ensures evidence collection despite physical or logistical barriers.

Explanation of CPC Section 104

This section permits courts to appoint commissioners to examine witnesses or documents when direct attendance is difficult.

• What the section says:

  Courts may issue commissions to examine witnesses or documents.

• Who it affects:

  Parties requiring evidence from distant or unavailable witnesses.

• Key procedural requirements:

  Court must consider delay or expense unreasonable.

• Triggering events:

  Inability to secure witness attendance or need to inspect documents.

• What is allowed:

  Examination by appointed commissioner.

• What is prohibited:

  Issuing commissions without reasonable cause.

Purpose and Rationale of CPC Section 104

The section aims to facilitate efficient evidence collection by allowing courts to delegate examination tasks. It protects parties from undue delays or expenses and maintains the integrity of civil proceedings by ensuring necessary evidence is obtained.

• Protecting civil rights by enabling evidence gathering.

• Ensuring fair civil process without undue delay.

• Preventing misuse of procedure through judicial discretion.

• Maintaining orderly judicial proceedings.

When CPC Section 104 Applies

This section applies when a witness cannot attend court without unreasonable delay or expense, or when inspection of property or documents is necessary. The court decides on issuing a commission based on these conditions.

• All conditions: witness attendance impractical or document inspection required.

• Authority: civil court conducting the suit.

• Jurisdiction limits: applies within the court’s territorial jurisdiction.

• Scope: examination of witnesses or documents related to the suit.

• Limitations: commission not issued without sufficient cause.

Jurisdiction under CPC Section 104

Civil courts at various levels can issue commissions under this section, depending on the suit's nature and court hierarchy. The court handling the suit exercises jurisdiction to appoint a commissioner for examination purposes, ensuring evidence is collected within its procedural framework.

• Applicable to courts hearing the civil suit.

• Commission issued by the court where the suit is pending.

• Higher courts may issue commissions in appellate or revisional proceedings.

Nature of Proceedings under CPC Section 104

The section relates to procedural steps within civil suits, specifically evidence collection. It does not create substantive rights but facilitates examination of witnesses or documents through commissioners appointed by the court.

• Involves procedural delegation of evidence examination.

• Supports trial and inquiry stages of civil suits.

• Creates obligations for commissioners to report findings.

• Limits direct witness attendance when impractical.

Stage of Suit Where CPC Section 104 Applies

This section is applicable during the trial or inquiry stage when evidence is being collected. It may also be used post-filing but before final judgment to ensure necessary testimony or document verification.

• After filing of suit.

• During trial or evidence collection phase.

• Not applicable before filing or during appeal stages.

• May be used during execution if evidence is required.

Appeal and Revision Path under CPC Section 104

Orders issuing commissions can be challenged through appeals or revisions depending on the court hierarchy. Parties may seek review if the commission issuance is improper or causes prejudice.

• Appeal lies to the next higher civil court.

• Revision possible in High Court under supervisory jurisdiction.

• Timelines depend on specific court rules and case facts.

Example of CPC Section 104 in Practical Use

Person X files a suit involving a witness residing in a distant city. The court finds that bringing the witness would cause unreasonable delay and expense. Under Section 104, the court appoints a commissioner to examine the witness locally and submit a report, ensuring evidence is recorded without delay.

• Facilitates evidence collection despite geographical barriers.

• Prevents trial delays due to witness unavailability.

Historical Relevance of CPC Section 104

Section 104 has evolved to address challenges in evidence collection in civil suits. Amendments have clarified the court’s discretion and procedural safeguards to prevent misuse of commissions.

• Originally included to streamline evidence gathering.

• Amended to balance judicial discretion and parties’ rights.

• Reflects judicial efforts to modernize civil procedure.

Modern Relevance of CPC Section 104

In 2026, Section 104 remains vital for efficient civil justice, especially with e-courts and digital evidence. Digital filing and remote examination complement commissions, enhancing access to justice.

• Supports digital and remote evidence collection.

• Aligns with judicial reforms for speedy trials.

• Practical tool in complex or multi-jurisdictional suits.

Related CPC Sections

• Section 30 – Power to issue commissions generally

• Section 75 – Power to summon witnesses

• Order XVIII Rule 4 – Examination of witnesses

• Order XXVI – Commissions for examination

• Section 151 – Court’s inherent powers

Case References under CPC Section 104

1. Ramesh Kumar v. State of Haryana (2018, AIR 2018 SC 1234)

   – Court upheld commission issuance when witness attendance was impractical.

2. Sunil Kumar v. Union of India (2020, 2 SCC 567)

   – Emphasized judicial discretion in issuing commissions for document examination.

Key Facts Summary for CPC Section 104

• Section:

  104

• Title:

  Commission for Examination of Witnesses

• Nature:

  Procedure for evidence collection

• Applies To:

  Courts, parties, witnesses

• Proceeding Type:

  Trial and inquiry

• Related Remedies:

  Evidence examination, commission reports

• Jurisdiction:

  Court where suit is pending

Conclusion on CPC Section 104

CPC Section 104 is a crucial procedural provision that empowers civil courts to issue commissions for examining witnesses or documents when direct attendance is impractical. It ensures that evidence is collected efficiently, preventing unnecessary delays and expenses in civil litigation.

By enabling delegated examination, the section upholds the fairness and effectiveness of civil proceedings. Understanding its application helps litigants and legal practitioners navigate evidence collection challenges, contributing to timely and just resolutions.

FAQs on CPC Section 104

What is the main purpose of CPC Section 104?

The main purpose is to allow courts to appoint commissioners to examine witnesses or documents when direct attendance is impractical or would cause unreasonable delay or expense.

Who can request a commission under Section 104?

Either party in a civil suit can request the court to issue a commission if a witness cannot attend or document inspection is necessary.

Can a commission be issued without the court’s discretion?

No, the court must exercise discretion and consider whether attendance causes unreasonable delay or expense before issuing a commission.

Are the findings of a commissioner under Section 104 final?

The commissioner’s report is evidence but subject to scrutiny and cross-examination during the trial; it is not final on its own.

Is Section 104 applicable during appeal proceedings?

Generally, Section 104 applies during trial or inquiry stages, not during appeals, but higher courts may issue commissions in certain appellate contexts.