What is the rule 18 of order 26

Rule 18 of Order 26 under the Code of Civil Procedure, 1908 (India) gives courts the power to send someone out to examine a witness who just can't make it to the courtroom. You know, when someone's really sick or too frail to show up. The whole point is that justice shouldn't get blocked just because somebody's stuck in bed or too weak to travel. So the court can appoint a commissioner to go to them instead.

Rule 18: "Where any person to be examined as a witness resides within the local limits of the Court's jurisdiction, and is, by reason of sickness or infirmity, unable to attend the Court, the Court may issue a commission for his examination."

When can a Court issue a commission under Rule 18?

So when does this actually kick in? The court doesn't just hand out commissions like candy. There are specific boxes to tick:

• The witness has to live inside the court's territorial area. No exceptions.
• They've gotta be genuinely unable to come because of sickness or some physical problem.
• The court needs to be convinced that dragging them in would cause serious hardship or unreasonable delay.

And here's the thing—it's totally up to the judge's discretion. Just because you ask doesn't mean you get it. No automatic rights here.

What is the procedure for issuing a commission under Rule 18?

The process under Order 26, Rule 18 is pretty simple, honestly:

1. , the party wanting the commission files an application with the court.
2. In that application, you gotta spell out why the witness can't come—like attaching a medical certificate or something solid.
3. The court looks it over and can appoint a commissioner, usually a lawyer or a court officer.
4. That commissioner then goes to the witness, swears them in, and records everything they say.
5. All that testimony gets sent back to the court and becomes part of the official evidence.

What is the difference between Rule 18 and Rule 19 of Order 26?

People mix these two up all the time. The big difference? It's all about where the witness is located:

Rule 18 is specifically for witnesses right there in the court's backyard who can't come because of health issues. Rule 19? That covers folks who live miles away—like, different city or state—for pretty much any reason.

Can a commission under Rule 18 be refused?

Absolutely. The court can shut it down if they think you're just wasting time or trying to stall the case. They have to be convinced the witness is genuinely unable to attend. "I just don't feel like coming" or "It's inconvenient" won't fly. You need real proof, like a doctor's note.

What happens if the witness recovers before the commission is executed?

If the witness gets better before the commissioner actually goes out, the court can cancel the whole thing and make them show up in person. But if the commission's already been done and the testimony is recorded, it stays valid. Can't undo that.

Frequently Asked Questions

Checklist for Applying under Rule 18

• Make sure the witness lives within the court's jurisdiction.
• Get a medical certificate or other proof of sickness or infirmity.
• File a written application with the court.
• Include the witness's full name and address.
• Explain why they absolutely can't come to court.
• Suggest a commissioner if you want (not required but helpful).
• Pay any fees associated with the commission.