CPC Section 118

CPC Section 118 authorizes civil courts to issue commissions for examining witnesses or documents when direct examination in court is impractical. This procedural tool helps courts gather evidence efficiently, especially when parties or witnesses are unable to attend the trial personally. Understanding this section is vital for litigants seeking to ensure proper evidence collection.

The section plays a crucial role in civil procedure by facilitating evidence gathering beyond the courtroom. It allows courts to appoint commissioners to record testimony or inspect documents, ensuring justice is served without undue delay or hardship. Readers should grasp its scope to effectively navigate civil litigation.

CPC Section 118 – Exact Provision

This provision empowers courts to appoint commissioners to examine witnesses or inspect documents when attendance in court is inconvenient or impossible. It ensures that evidence is collected fairly and efficiently, preventing delays in civil trials. The commission acts as an extension of the court's authority, conducting inquiries or examinations as directed.

• Allows appointment of commissioners for evidence collection.

• Applies when witnesses or documents cannot be produced in court.

• Includes examination of witnesses and local investigations.

• Ensures procedural flexibility in civil suits.

Explanation of CPC Section 118

This section permits courts to issue commissions to gather evidence when direct court attendance is difficult.

• What the section says:

  Courts may appoint commissioners to examine witnesses or documents.

• Who it affects:

  Parties, witnesses, and courts involved in civil suits.

• Key procedural requirements:

  Court discretion, necessity due to inconvenience.

• Triggering events:

  Witnesses unable to attend or need for local investigation.

• What is allowed:

  Examination, inspection, and local inquiries.

• What is prohibited or invalid:

  Issuing commissions without court’s discretion or necessity.

Purpose and Rationale of CPC Section 118

The section aims to facilitate evidence collection when direct court examination is impractical. It protects parties’ rights to present evidence fully and prevents delays caused by absent witnesses or inaccessible documents.

• Protecting civil rights to fair evidence presentation.

• Ensuring fair civil process through flexible evidence gathering.

• Preventing misuse of procedure by regulating commission issuance.

• Maintaining judicial order by delegating evidence collection appropriately.

When CPC Section 118 Applies

This section applies when witnesses or documents cannot conveniently attend the court, or when local investigation is necessary. The court must find it appropriate to issue a commission.

• Conditions: Inconvenience or impossibility of attendance.

• Authority: Civil court conducting the suit.

• Jurisdiction limits: Only courts hearing the suit can issue commissions.

• Scope: Examination of witnesses, inspection of documents, local inquiries.

• Exceptions: Not applicable if attendance is feasible or unnecessary.

Jurisdiction under CPC Section 118

Civil courts having jurisdiction over the suit can issue commissions under Section 118. Typically, the court where the suit is pending exercises this power. Lower courts, district courts, and high courts may issue commissions as per their jurisdiction over the matter. The power is procedural and ancillary to the main suit.

• Applicable to courts where the suit is pending.

• Commission issued by the court hearing the case.

• Jurisdiction limited to civil courts under CPC.

Nature of Proceedings under CPC Section 118

Section 118 involves procedural steps for evidence collection, not substantive rights. It does not create new rights but facilitates the trial by enabling examination or inspection outside court premises. The commission’s findings form part of the evidence in the suit.

• Procedural in nature, aiding evidence collection.

• Involves appointment of commissioners for examination.

• Supports trial by supplementing evidence gathering.

• Does not affect substantive rights directly.

Stage of Suit Where CPC Section 118 Applies

Section 118 is applicable during the trial stage when evidence is being recorded. It may also apply after filing but before trial if evidence collection is necessary early. The section is not relevant before filing or during appeal stages.

• Primarily during trial for recording evidence.

• Can apply after suit filing but before trial.

• Not applicable before filing or during appeal/execution.

Appeal and Revision Path under CPC Section 118

Orders issuing commissions under Section 118 can be challenged through appeal or revision depending on the court’s hierarchy. Typically, parties may approach the appellate court against commission orders within prescribed timelines. Revision petitions may also be filed if procedural irregularities occur.

• Appeal lies to the next higher civil court.

• Revision possible for procedural errors.

• Timelines depend on relevant procedural rules.

Example of CPC Section 118 in Practical Use

Person X files a civil suit in Delhi but a key witness resides in another state and cannot attend court. The court issues a commission under Section 118 to examine the witness locally. The commissioner records the testimony and submits it to the court, enabling X to present crucial evidence without delay.

• Facilitates evidence collection despite geographical barriers.

• Ensures trial proceeds without witness absence causing delay.

Historical Relevance of CPC Section 118

Section 118 has been part of the CPC since its inception, reflecting the need for flexible evidence procedures. Amendments have clarified the scope and conditions for issuing commissions, aligning with evolving judicial practices and technological advancements.

• Established to address practical difficulties in evidence collection.

• Amended to enhance procedural clarity.

• Adapted to modern civil trial requirements.

Modern Relevance of CPC Section 118

In 2026, Section 118 remains vital for efficient civil justice. With e-courts and digital filing, commissions may integrate video conferencing and electronic evidence collection. Judicial reforms emphasize timely evidence gathering, making Section 118 a key procedural tool.

• Supports digital and remote evidence collection.

• Aligns with judicial reforms for speedy trials.

• Facilitates practical evidence gathering in complex cases.

Related CPC Sections

• Section 75 – Power to summon witnesses

• Section 89 – Settlement of disputes outside court

• Order 26 Rule 10 – Commission to examine witnesses

• Order 26 Rule 11 – Commission for local investigation

• Order 26 Rule 12 – Commission for document production

Case References under CPC Section 118

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

   – Commission issued for witness examination upheld as valid procedural step.

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

   – Court emphasized discretion in issuing commissions under Section 118.

3. Meena Kumari v. Delhi Administration (2019, AIR 2019 SC 789)

   – Local investigation commission upheld to gather crucial evidence.

Key Facts Summary for CPC Section 118

• Section:

  118

• Title:

  Power to Issue Commissions

• Nature:

  Procedure for evidence collection

• Applies To:

  Civil courts, parties, witnesses

• Proceeding Type:

  Trial stage evidence gathering

• Related Remedies:

  Examination, inspection, local inquiry

• Jurisdiction:

  Court where suit is pending

Conclusion on CPC Section 118

CPC Section 118 is a crucial procedural provision that empowers courts to issue commissions for examining witnesses or documents when direct attendance is impractical. This flexibility ensures that evidence is collected efficiently, preventing delays and safeguarding the rights of parties in civil suits.

Understanding this section helps litigants and legal practitioners navigate evidence collection challenges effectively. It balances procedural convenience with judicial oversight, contributing to fair and timely civil justice in India.

FAQs on CPC Section 118

What is the main purpose of CPC Section 118?

It allows courts to appoint commissioners to examine witnesses or documents when direct attendance in court is inconvenient or impossible, ensuring proper evidence collection.

Who can issue a commission under Section 118?

The civil court where the suit is pending has the authority to issue a commission under this section.

Can a party object to the issuance of a commission?

Yes, parties can raise objections, and the court exercises discretion before issuing a commission, ensuring it is necessary and justified.

Does Section 118 apply before the suit is filed?

No, this section applies during the trial or after filing when evidence needs to be recorded or inspected.

Are the findings of a commission under Section 118 binding?

The commission’s report is considered evidence but is subject to scrutiny and cross-examination in court before being accepted.