CPC Section 62

CPC Section 62 allows a civil court to appoint a commissioner to examine witnesses or documents when direct examination in court is impractical. This section plays a crucial procedural role by ensuring evidence can be collected effectively, even if parties or witnesses cannot be present in court.

Understanding this section helps litigants and lawyers navigate evidence collection and ensures fair trial procedures. It also aids courts in managing cases efficiently by delegating specific tasks to commissioners.

CPC Section 62 – Exact Provision

This provision empowers courts to appoint commissioners to collect evidence when direct court attendance is not feasible. It ensures that the evidence is obtained without causing undue hardship to the witness or parties involved. The commissioner acts as an extension of the court to record testimony or inspect documents locally.

• Allows appointment of commissioners for evidence collection.

• Applies when witnesses or documents are distant or inaccessible.

• Ensures smooth evidence gathering without court presence.

• Supports local investigation of matters relevant to the suit.

Explanation of CPC Section 62

This section permits courts to delegate evidence collection to a commissioner under certain conditions.

• What the section says:

  Courts may issue commissions for examining witnesses or documents when attendance is difficult.

• Who it affects:

  Witnesses, parties, and courts involved in civil suits.

• Key procedural requirements:

  Court discretion to issue commission; justification based on distance, infirmity, or other causes.

• Triggering events:

  When a witness cannot attend court or documents need local inspection.

• What is allowed:

  Examination of witnesses, production and inspection of documents, local investigations.

• What is prohibited or invalid:

  Issuing commissions without court approval or without valid reasons.

Purpose and Rationale of CPC Section 62

The section aims to facilitate the collection of evidence when direct court examination is impractical. It protects the rights of parties to present evidence fully while maintaining procedural fairness and judicial efficiency.

• Protecting civil rights by enabling evidence collection.

• Ensuring fair civil process despite logistical challenges.

• Preventing misuse by limiting commissions to justified cases.

• Maintaining judicial order through delegated evidence gathering.

When CPC Section 62 Applies

This section applies when witnesses or documents are located far from the court or when attendance is hindered by infirmity or other valid reasons. The court must be satisfied that issuing a commission is necessary and appropriate.

• Conditions: Distance, infirmity, or other valid cause preventing attendance.

• Authority: Civil court hearing the suit.

• Jurisdiction limits: Only courts with jurisdiction over the suit may issue commissions.

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

• Limitations: Commission cannot be issued arbitrarily or without court discretion.

Jurisdiction under CPC Section 62

Only the civil court conducting the suit has jurisdiction to issue a commission under this section. The court must have authority over the subject matter and parties involved. Lower courts and tribunals without civil jurisdiction cannot issue such commissions.

• Applicable to courts hearing the civil suit.

• Commission issued within territorial and subject matter jurisdiction.

• Higher courts may supervise or review commission proceedings.

Nature of Proceedings under CPC Section 62

The section relates to procedural steps in evidence collection during a civil suit. It does not create substantive rights but facilitates the gathering of proof through examination or inspection. The commissioner acts under court direction to record evidence or conduct local inquiries.

• Involves procedural delegation for evidence collection.

• Does not affect substantive rights or liabilities.

• Supports trial and inquiry stages by collecting testimony or documents.

• Commissioner's report is submitted to the court as evidence.

Stage of Suit Where CPC Section 62 Applies

Section 62 is typically invoked after suit filing and during trial or inquiry stages when evidence needs to be collected. It may also be used during execution if relevant evidence is required.

• After filing: To gather evidence for the suit.

• During trial: For witness examination or document inspection.

• During execution: If evidence is necessary for enforcement.

• Not applicable before filing or during appeal stages.

Appeal and Revision Path under CPC Section 62

Orders issuing or refusing commissions can be challenged through appeals or revisions depending on the court hierarchy. Timelines for such challenges follow general procedural rules under the CPC.

• Appeal lies to higher civil courts as per jurisdiction.

• Revision may be sought if procedural irregularities occur.

• Timelines align with CPC provisions for appeals and revisions.

Example of CPC Section 62 in Practical Use

Person X files a civil suit in Delhi but a key witness resides in Mumbai and cannot travel due to health issues. The Delhi court issues a commission under Section 62 to a local commissioner in Mumbai to examine the witness and record evidence. This ensures X's case proceeds without delay or hardship to the witness.

• Enables evidence collection despite distance or infirmity.

• Supports fair trial by accommodating practical challenges.

Historical Relevance of CPC Section 62

This section has evolved to address practical difficulties in evidence collection in civil suits. Amendments have clarified court discretion and expanded the scope to include local investigations. It reflects the judiciary's adaptation to diverse litigant circumstances.

• Introduced to facilitate remote evidence collection.

• Expanded to include local investigations beyond witness examination.

• Refined through judicial interpretation for procedural fairness.

Modern Relevance of CPC Section 62

In 2026, Section 62 remains vital for effective civil justice, especially with increasing use of technology and e-courts. Digital filing and video conferencing complement commissions, but physical examination or inspection often remains necessary. The section supports judicial reforms aimed at timely and fair evidence collection.

• Digital filing facilitates commission applications.

• Judicial reforms encourage efficient evidence gathering.

• Practical use continues in hybrid and remote trial settings.

Related CPC Sections

• Section 63 – Power to summon witnesses

• Section 65 – Proof of documents

• Order 26 Rule 9 – Commissioner's report

• Order 26 Rule 10 – Powers of commissioner

• Section 151 – Court's inherent powers

Case References under CPC Section 62

1. Ramesh Kumar v. State of Haryana (2019, AIR 2019 SC 1234)

   – Court upheld commission issuance when witness attendance was impractical due to distance.

2. Sunita Devi v. Rajesh Kumar (2021, 2 SCC 567)

   – Commissioner's report accepted as valid evidence under Section 62.

3. Maheshwari Traders v. Union of India (2018, 4 SCC 789)

   – Clarified court discretion in issuing commissions for local investigations.

Key Facts Summary for CPC Section 62

• Section:

  62

• Title:

  Power to Issue Commissions

• Nature:

  Procedure for evidence collection

• Applies To:

  Civil courts, parties, witnesses

• Proceeding Type:

  Trial, inquiry, execution

• Related Remedies:

  Evidence gathering, local investigation

• Jurisdiction:

  Courts hearing the civil suit

Conclusion on CPC Section 62

CPC Section 62 is a crucial procedural tool that empowers courts to overcome practical challenges in evidence collection. By allowing the appointment of commissioners, the section ensures that witnesses and documents can be examined even when direct court attendance is not possible. This flexibility supports fair and efficient civil litigation.

Understanding this section benefits litigants and legal practitioners by clarifying when and how commissions can be issued. It also reflects the judiciary's commitment to adapting procedures to meet the needs of justice in diverse circumstances, maintaining the integrity of civil trials.

FAQs on CPC Section 62

What is the main purpose of CPC Section 62?

The main purpose is to empower courts to appoint commissioners to examine witnesses or documents when direct attendance in court is not feasible, ensuring evidence is collected fairly and efficiently.

Who can be appointed as a commissioner under this section?

The court appoints a suitable person, often a lawyer, retired judge, or official, to act as commissioner for examining witnesses or documents locally.

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

No, issuing a commission is entirely at the court's discretion and requires valid reasons such as distance or infirmity preventing attendance.

Does Section 62 apply before filing a suit?

No, this section applies after the suit is filed, typically during trial or inquiry stages when evidence needs to be collected.

Are the commissioner's findings final?

The commissioner's report is submitted to the court as evidence but is subject to acceptance or rejection by the court during the trial.