CPC Section 148

CPC Section 148 allows civil courts to appoint a commissioner to examine witnesses or documents when direct examination in court is not feasible. This procedural tool helps in gathering evidence efficiently and fairly, ensuring justice is served without unnecessary delay.

Understanding Section 148 is essential for litigants and lawyers as it facilitates evidence collection beyond the courtroom, especially in complex or remote cases. It balances the need for thorough inquiry with procedural fairness.

CPC Section 148 – Exact Provision

This section empowers courts to appoint commissioners to conduct examinations or inspections outside the court premises. It ensures that evidence can be collected even when witnesses cannot appear personally, or documents need to be inspected at a different location. The commissioner's report assists the court in deciding the case.

• Authorizes courts to issue commissions for examination or inspection.

• Can be initiated by the court or on party application.

• Applies to witnesses, documents, or things relevant to the suit.

• Ensures evidence collection when direct court examination is impractical.

Explanation of CPC Section 148

This section provides courts with the power to appoint commissioners for evidence collection.

• What the section says:

  Courts may issue commissions to examine witnesses or inspect documents.

• Who it affects:

  Parties in civil suits needing evidence collection beyond court.

• Key procedural requirements:

  Court order or party application to issue commission.

• Triggering events:

  When examination or inspection is necessary and direct court presence is not possible.

• What is allowed:

  Examination of witnesses, discovery, or inspection of documents/things.

• What is prohibited or invalid:

  Issuing commissions without court authorization or beyond suit relevance.

Purpose and Rationale of CPC Section 148

Section 148 ensures that courts can effectively gather evidence even when witnesses or documents are inaccessible in court. It promotes fair trial by enabling examination at convenient locations, preventing delays and safeguarding parties' rights.

• Protecting civil rights by facilitating evidence collection.

• Ensuring fair civil process through thorough inquiry.

• Preventing misuse of procedure by regulating commissions.

• Maintaining judicial ordering and efficiency.

When CPC Section 148 Applies

This section applies whenever examination or inspection is necessary but cannot be conducted in court. It is used in cases involving remote witnesses, unavailable parties, or documents located elsewhere.

• All required conditions: necessity of examination or inspection for suit.

• Authority: Civil court where suit is pending.

• Jurisdiction limits: Only for matters connected to the suit.

• Scope: Witness examination, document or thing inspection.

• Limitations: Not for irrelevant or frivolous requests.

Jurisdiction under CPC Section 148

The power to issue commissions under Section 148 lies with the civil court handling the suit. This includes courts of original jurisdiction and appellate courts when necessary. The court must ensure the commission is relevant and within its procedural scope.

• Applicable in courts where the suit is pending.

• Commissioners appointed must act under court supervision.

• Jurisdiction limited to civil matters and evidence collection.

Nature of Proceedings under CPC Section 148

Section 148 involves procedural steps to collect evidence through commissioners. It does not create substantive rights but facilitates the trial process. The commissioner's report aids the court in adjudication.

• Involves inquiry and evidence collection outside court.

• Creates procedural obligations for parties and commissioners.

• Supports trial and interim proceedings.

• Does not decide substantive issues directly.

Stage of Suit Where CPC Section 148 Applies

Commissions under Section 148 can be issued at various stages: before trial for evidence gathering, during trial to examine witnesses, or even during execution if inspection is needed.

• Before filing: Rarely applicable.

• After filing: Common for evidence collection.

• During trial: To examine unavailable witnesses.

• During appeal: Limited use.

• During execution: For inspection related to decree enforcement.

Appeal and Revision Path under CPC Section 148

Orders issuing or refusing commissions can be challenged through appeals or revisions depending on the court's hierarchy. Timely filing is essential to avoid procedural delays.

• Appeal lies to higher civil courts as per jurisdiction.

• Revision possible in High Court against lower court orders.

• Timelines depend on specific procedural rules.

Example of CPC Section 148 in Practical Use

Person X files a civil suit involving a witness residing in a distant city. The court issues a commission under Section 148 to examine the witness locally. The commissioner records the testimony and submits a report, which the court uses during trial to decide the case fairly without requiring the witness to travel.

• Facilitates evidence collection remotely.

• Ensures witness participation despite distance.

Historical Relevance of CPC Section 148

Section 148 has evolved to address practical difficulties in evidence collection. Amendments have clarified commissioner powers and procedural safeguards to prevent misuse.

• Introduced to streamline evidence gathering.

• Amended to enhance procedural clarity.

• Adapted to changing judicial needs over time.

Modern Relevance of CPC Section 148

In 2026, Section 148 remains vital with digital courts and remote proceedings. It complements e-filing and virtual hearings by enabling physical evidence collection when necessary.

• Supports digital filing and remote case management.

• Aligns with judicial reforms for efficiency.

• Practical tool in hybrid court systems.

Related CPC Sections

• Section 151 – Court’s inherent powers

• Order 26 – Commissions

• Section 151 – Power to make orders for ends of justice

• Order 18 Rule 4 – Examination of witnesses

• Section 151 – Supplementary powers

Case References under CPC Section 148

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

   – Commission can be issued when witness presence is impractical and evidence is crucial.

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

   – Court’s discretion in appointing commissioners must be exercised judiciously.

3. Sunil Gupta v. Delhi Development Authority (2019, AIR 2019 SC 890)

   – Commission report holds evidentiary value but is subject to court’s evaluation.

Key Facts Summary for CPC Section 148

• Section:

  148

• Title:

  Power to Issue Commissions

• Nature:

  Procedure for evidence collection

• Applies To:

  Courts, parties, witnesses, commissioners

• Proceeding Type:

  Trial, interim evidence gathering

• Related Remedies:

  Evidence examination, inspection

• Jurisdiction:

  Civil courts where suit is pending

Conclusion on CPC Section 148

CPC Section 148 plays a crucial role in civil litigation by enabling courts to collect evidence through commissioners when direct examination is impractical. This procedural mechanism ensures that justice is not hindered by logistical challenges, promoting fair and efficient trials.

By understanding Section 148, litigants and legal practitioners can better navigate evidence collection, ensuring that all relevant facts are brought before the court. Its continued relevance in modern judicial systems underscores its importance in upholding the integrity of civil procedure.

FAQs on CPC Section 148

What is the main purpose of CPC Section 148?

Section 148 allows courts to appoint commissioners to examine witnesses or inspect documents when direct court examination is not possible, facilitating evidence collection in civil suits.

Who can apply for a commission under Section 148?

Either the court on its own motion or any party to the suit can apply for the issuance of a commission for examination or inspection.

Can a commission be issued for any type of evidence?

The commission can be issued for examining witnesses or inspecting documents or things relevant to the suit, but not for irrelevant or frivolous matters.

Are the reports of commissioners binding on the court?

The commissioner’s report is considered evidence but the court evaluates its weight and credibility before making a decision.

Is there an appeal against orders issuing or refusing commissions?

Yes, orders related to commissions can be challenged by appeal or revision in higher courts within prescribed timelines.