Important Legal Definitions
Explore legal terms, clear definitions and practical examples.
Commission to Examine Witnesses (Order XXVI Rule 1 CPC)
Civil Procedure & Litigation Mechanics
Definition
An order issued by a civil court directing that a witness who is ill, infirm, residing outside the local limits of the court's jurisdiction, or an active public official be examined upon interrogatories or by a commissioner at their place of residence.
Example
In an inheritance dispute in Kochi, an 92-year-old bedridden attesting witness cannot travel to the court complex; the judge appoints a junior advocate as a commissioner under Order XXVI Rule 1 CPC to visit the witness's home and record the cross-examination.