What is a Local Commissioner (LC)?

A Local Commissioner (LC) is an officer appointed by the court to assist it in gathering evidence or conducting certain fact-finding tasks outside the courtroom, such as inspecting a site, verifying records, or executing a commission.

The LC acts as an “extended arm of the court” — not as an advocate for either party, but as a neutral fact-finder.

Legal Basis

• Order XXVI, Code of Civil Procedure, 1908 (CPC) – governs Commissions.
• Sections 75–78 CPC provide the power to issue commissions.
• Order 26 Rules 9, 10, 10A, 11, 12, etc. explain the procedure and scope.

When & Why LC Is Appointed

The Court may appoint a Local Commissioner for several reasons, such as:

Who Appoints the LC

• The Court itself (Civil Judge, District Judge, or High Court) appoints the Local Commissioner.
• Appointment may be made:
  • Suo motu (by the court on its own), or
  • On application of either party (plaintiff or defendant).

Who Can Be Appointed as LC

Usually:

• An Advocate practicing in that jurisdiction (impartial and experienced), or
• A Government officer / technical expert, depending on the nature of inspection (e.g., engineer, surveyor, accountant).

The LC must be neutral and not connected with either party.

Procedure for Appointment

1. Application Filed:
   • A party (plaintiff or defendant) files an application under Order 26 CPC requesting appointment of LC.
   • The application must specify:
     • Purpose (inspection, evidence, accounts, etc.)
     • Reasons why LC is necessary
     • Proposed person’s name (optional)
2. Notice to Opposite Party:
   • The court usually issues notice to the other side before appointing LC (unless urgent).
3. Court’s Order:
   • The judge passes an order appointing LC with clear terms:
     • Scope of inquiry (what to inspect, record, measure)
     • Time period
     • LC’s fee (called commissioner’s fee)
     • Deadline for submitting report
4. LC’s Work:
   • LC visits site / conducts examination / records evidence.
   • Prepares a Local Commissioner’s Report (with photographs, maps, signatures, etc.).
   • Submits it to the court within the specified time.
5. Filing of Report:
   • The report is placed on record.
   • Both parties can file objections to it if they disagree.
6. Consideration by Court:
   • The court considers the LC report, objections (if any), and may:
     • Accept the report, or
     • Modify it, or
     • Direct a fresh commission.

Why LC Is Important

• Helps the court ascertain factual conditions on-site.
• Saves time and judicial effort.
• Prevents parties from tampering with evidence or misrepresenting facts.
• Ensures transparency — as LC works under court direction.

Key Case Laws

In Summary