Discussion
Complete the statement - A Court cannot issue commission;
Answer: C
A Court cannot issue a commission to collect evidence.
Order XXVI of the Code of Civil Procedure, 1908 lets the Court issue commissions to examine persons (Rules 1 to 8), make local investigations (Rule 9), examine or adjust accounts (Rule 11) and make partitions (Rule 13), as well as for scientific investigations, ministerial acts and sales.
A commission helps the Court elucidate a matter in dispute; courts have consistently held that it cannot be issued to collect or gather evidence for a party, which is the party's own burden. The other three are expressly provided for.
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