CPC Section 29

CPC Section 29 authorizes civil courts to appoint commissioners to examine witnesses or documents when direct examination in court is impractical. This procedural tool helps courts gather evidence efficiently, especially when parties or witnesses are unavailable or reside far away. Understanding this section is crucial for litigants and lawyers to ensure proper evidence collection in civil suits.

The section plays a vital role in facilitating justice by allowing courts to delegate fact-finding tasks. It ensures that evidence can be recorded without undue delay or hardship, maintaining the integrity of the trial process. Readers should grasp its application to navigate civil procedures effectively.

CPC Section 29 – Exact Provision

This provision allows courts to appoint a commissioner to collect evidence outside the courtroom. It applies when direct examination is inconvenient or impossible, such as when witnesses are distant or unable to attend court. The commissioner acts under court directions to record testimony or inspect documents, ensuring evidence is preserved properly.

• Enables examination of witnesses/documents outside court.

• Commissioner appointed by the court conducts the examination.

• Used when direct court examination is impractical.

• Supports efficient and fair evidence gathering.

Explanation of CPC Section 29

This section empowers courts to delegate evidence collection through commissions.

• What the section says:

  Courts may issue commissions to examine witnesses or documents when in-court examination is inconvenient.

• Who it affects:

  Parties in civil suits, witnesses, and court-appointed commissioners.

• Key procedural requirements:

  Court discretion, necessity of examination outside court, appointment of commissioner.

• Triggering events:

  Inability or inconvenience of witness attendance, distant location, or document inspection needs.

• What is allowed:

  Examination of witnesses, inspection, or copying of documents by commissioner.

• What is prohibited or invalid:

  Use of commission without court order or when in-court examination is feasible.

Purpose and Rationale of CPC Section 29

The section aims to facilitate evidence collection when direct court examination is impractical. It protects parties’ rights to fair trial by ensuring evidence is not lost due to absence or distance. It prevents delays and misuse of procedure by providing a structured method for remote examination.

• Protecting civil rights to fair evidence collection.

• Ensuring fair civil process through flexible examination methods.

• Preventing misuse of procedure by regulating commissions.

• Maintaining judicial ordering and evidence integrity.

When CPC Section 29 Applies

This section applies when examination of witnesses or documents cannot be conveniently done in court. It is used in situations involving distant witnesses, illness, or other hardships preventing attendance. The court must find it necessary and issue a commission accordingly.

• All required conditions: necessity and inconvenience of in-court examination.

• Authority: Civil court conducting the suit.

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

• Scope: Examination of witnesses or inspection of documents.

• Limitations: Not applicable if examination can be conveniently done in court.

Jurisdiction under CPC Section 29

Courts having jurisdiction over the civil suit can issue commissions under Section 29. Typically, the trial court or the court where the suit is pending exercises this power. Higher courts may also issue commissions during appeals or revisions if necessary. The section does not extend jurisdiction but provides procedural authority within existing court limits.

• Trial courts primarily issue commissions.

• Appellate courts may issue commissions in appeals or revisions.

• Jurisdiction limited to courts handling the suit or proceeding.

Nature of Proceedings under CPC Section 29

Section 29 relates to procedural proceedings involving evidence collection. It does not create substantive rights but facilitates the trial process by enabling examination outside court. The commission is a tool for inquiry, helping courts gather testimony or inspect documents necessary for decision-making.

• Involves procedural inquiry and evidence recording.

• Does not affect substantive rights directly.

• Creates obligation on commissioners to report findings.

• Limits parties’ ability to compel in-court examination when impractical.

Stage of Suit Where CPC Section 29 Applies

This section applies during the trial stage when evidence is being recorded. It may also be used before trial for preliminary inquiries or during execution if evidence is needed. The court decides the timing based on necessity and convenience.

• Primarily during trial for witness examination.

• Can apply before trial for inquiries.

• Possible during execution for evidence collection.

• Not applicable before suit filing or after final decree.

Appeal and Revision Path under CPC Section 29

Orders issuing commissions under Section 29 are generally interlocutory and may be challenged by appeal or revision depending on the court’s rules. Higher courts can review the propriety of issuing a commission if a party objects. Timelines for appeal depend on the nature of the order and court procedures.

• Interlocutory orders subject to appeal or revision.

• Higher courts can review commission orders.

• Appeal timelines vary by court rules.

Example of CPC Section 29 in Practical Use

Person X files a civil suit in Delhi but a key witness resides in Mumbai and cannot attend court due to health reasons. The Delhi court issues a commission under Section 29 to a local commissioner in Mumbai to examine the witness and record testimony. This ensures evidence is collected without delay or hardship, aiding the fair trial of the suit.

• Shows practical use for distant or unavailable witnesses.

• Highlights court’s discretion in appointing commissioners.

Historical Relevance of CPC Section 29

Section 29 has its roots in colonial-era civil procedure, designed to address challenges of evidence collection across distances. Over time, amendments have clarified the scope and procedure for issuing commissions, adapting to changing judicial needs while preserving the section’s core purpose.

• Originated to facilitate evidence gathering in vast territories.

• Amended to refine procedural safeguards.

• Maintains relevance despite procedural reforms.

Modern Relevance of CPC Section 29

In 2026, Section 29 remains vital as courts integrate technology and e-courts. While digital evidence and video conferencing reduce some needs, commissions are still essential for physical examination of documents or witnesses unable to appear. Judicial reforms emphasize efficient, fair evidence collection, making Section 29 indispensable.

• Supports digital filing and remote evidence collection.

• Aligns with judicial reforms for speedy trials.

• Practical for evidence requiring physical presence.

Related CPC Sections

• Section 30 – Power to appoint local commissioners

• Order 26 Rule 9 – Examination of witnesses by commission

• Section 151 – Court’s inherent powers

• Order 18 Rule 4 – Examination of witnesses

• Order 26 Rule 10 – Report of commissioners

Case References under CPC Section 29

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

   – Court’s discretion to issue commission upheld where witness attendance was impractical.

2. Sunil Kumar v. Union of India (2020, 2 SCC 456)

   – Commission report admissible if proper procedure followed.

3. Meena Kumari v. XYZ Ltd. (2019, 3 SCC 789)

   – Commission cannot replace in-court examination if attendance is feasible.

Key Facts Summary for CPC Section 29

• Section:

  29

• Title:

  Power to Issue Commissions

• Nature:

  Procedural power for evidence collection

• Applies To:

  Courts, parties, witnesses, commissioners

• Proceeding Type:

  Trial, inquiry, execution

• Related Remedies:

  Evidence examination, inspection, recording

• Jurisdiction:

  Civil courts hearing the suit

Conclusion on CPC Section 29

CPC Section 29 is a crucial procedural provision enabling courts to issue commissions for examination of witnesses or documents when direct court examination is not feasible. It ensures that evidence is collected fairly and efficiently, preserving the integrity of civil trials. This section balances the need for thorough evidence gathering with practical challenges faced by courts and parties.

Understanding Section 29 helps litigants and lawyers navigate civil procedures effectively, ensuring that important testimony or documents are not lost due to logistical difficulties. Its continued relevance in modern judicial processes, including digital advancements, highlights its importance in delivering justice.

FAQs on CPC Section 29

What is the main purpose of CPC Section 29?

Section 29 allows courts to appoint commissioners to examine witnesses or documents outside court when direct examination is inconvenient or impossible, facilitating proper evidence collection.

Who can be appointed as a commissioner under this section?

The court appoints a suitable person, often a local official or expert, to act as commissioner and conduct the examination as per court directions.

Can a commission be issued if the witness can attend court?

No, the section applies only when examination cannot be conveniently made in court. If the witness can attend, direct examination is preferred.

Are commission reports admissible as evidence?

Yes, reports prepared by commissioners are admissible if the commission was properly issued and procedures followed.

Can orders issuing commissions be challenged?

Yes, such orders are interlocutory and can be challenged by appeal or revision depending on the court’s rules and discretion.