What are the powers of a civil court in regard to the appointment of a Commissioner? Has a court inherent power under Section 151 CPC to appoint a Commissioner?

What are the powers of a civil court in regard to the appointment of a Commissioner? Has a court inherent power under Section 151 CPC to appoint a Commissioner?

A civil court has the power to appoint a commissioner to assist in the proceedings of a case. A commissioner is a neutral third party who is appointed by the court to gather evidence, conduct inspections, or perform other tasks that are necessary for the case.

Under the Code of Civil Procedure (CPC) in India, a court has the inherent power to appoint a commissioner under Section 151. This provision allows the court to “make such orders as may be necessary for the ends of justice or to prevent abuse of the process of the court.” This means that the court has the discretion to take any necessary action to ensure that the case is resolved fairly and justly, and to prevent any actions that might undermine the integrity of the legal process.

The specific powers and duties of a commissioner are determined by the court at the time of the appointment. The commissioner is typically required to report back to the court on the tasks that have been completed and to provide any relevant evidence or information to the parties to the case. The court may also require the commissioner to testify in court if necessary.