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Core Purpose

The High Court of Delhi amends Chapter 10 of Volume I of the Delhi High Court Rules & Orders to revise provisions for the appointment of Commissioners.

Detailed Summary

On August 13, 2026, the High Court of Delhi, under powers conferred by Section 7 of the Delhi High Court Act, 1966 (Act 26 of 1966) read with Article 227 of the Constitution of India, and with the prior approval of the Lt. Governor of the Government of National Capital Territory of Delhi, issued Notification No. 82/Rules/DHC. This notification amends Chapter 10, Volume I, Part B of the Delhi High Court Rules & Orders, specifically replacing the existing provisions regarding the "APPOINTMENT OF COMMISSIONERS". The amendment establishes that a Commissioners Committee, comprising the Principal District and Sessions Judge and two senior Judges, shall constitute a Commissioners Panel for each district, valid for two calendar years. Eligibility for empanelment requires a minimum of one year's experience as an advocate, with preference for lady, younger, and needy bar members. Applications are also invited from professionals in fields like accounting, architecture, engineering, information technology, medicine, and valuation. Notices for applications are to be uploaded on the official websites of the Delhi High Court, all District Courts, and relevant Bar Associations. The High Court retains discretion to modify the panel or issue administrative directions, and courts maintain judicial discretion to appoint commissioners not on the panel. Official Receivers are to be appointed ex-officio. Measures are introduced to prevent delay, including paying only part of the fee in advance. Specific restrictions are placed on appointing Court Readers or Ministerial Officers for local investigations, preferring retired Revenue Officers or professionals. The amendment comes into force from its publication date in the Gazette.

Full Text

REGD. No. D. L.-33002/99 GOVERNMENT OF INDIA Delhi Gazette SG-DL-E-24082026-275711 EXTRAORDINARY PUBLISHED BY AUTHORITY No. 23] DELHI, THURSDAY, AUGUST 13, 2026/SHRAVAN 22, 1948 [N. C. T. D. No. 171 PART II-I GOVERNMENT OF THE NATIONAL CAPITAL TERRITORY OF DELHI HIGH COURT OF DELHI: NEW DELHI NOTIFICATION Delhi, the 13th August, 2026 No. 82/Rules/DHC.— In exercise of the powers conferred by Section 7 of the Delhi High Court Act, 1966 (Act 26 of 1966) read with Article 227 of the Constitution of India and all other powers enabling it in this behalf, the High Court of Delhi, with the prior approval of the Lt. Governor of the Government of National Capital Territory of Delhi, hereby makes the following amendment in Chapter 10 of Volume I of Delhi High Court Rules & Orders :- AMENDMENT THE FOLLOWING SHALL BE SUBSTITUTED FOR THE EXISTING PART B OF CHAPTER 10 OF VOLUME I OF DELHI HIGH COURT RULES & ORDERS :- Part B APPOINTMENT OF COMMISSIONERS 1. Instructions for the guidance of Courts—Instructions contained in this Chapter are administrative and are not to be regarded as binding the discretion of Civil Courts in making appointments of Commissioners. 2. Constitution of Panel of Commissioners.— (1) (i) The Principal District and Sessions Judge in consultation with two senior Judges of the District ("Commissioners Committee"), shall, having consideration for the requirement of the district, constitute a panel of Commissioners (“Commissioners Panel") for execution of Commissions issued by courts in the said district. (ii) For this purpose, the Commissioners Committee may invite applications or adopt other procedures for empanelment of Commissioners. A minimum experience of one year as an advocate is an eligibility condition precedent for inclusion in the Commissioners Panel and preference may be given to lady, younger and needy members of the bar. (iii) The notice inviting applications shall be uploaded on the official website of the Delhi High Court; the official websites of all District Courts; the official websites of Delhi High Court Bar Association and of Bar Associations of all Judicial District Courts of Delhi; and notice boards of above Bar Associations. (iv) The Commissioners Committee may also invite applications from persons having other relevant professional expertise in accounting, architecture, fine arts, engineering, information technology, medicine, valuation, and other professional domains. (2) The High Court may, in its discretion, add or delete names from the Commissioners Panel or pass any administrative directions in relation to the Commissioners Committee or the Commissioners Panel. (3) The Commissioners Panel shall remain in effect for a period of two calendar years from the date of its issue. A list of the names on the Commissioners Panel which shall also specify the period of professional experience of the person so empanelled and the area of expertise, if any, shall be circulated to all courts in the district. (4) The panel will be made available to all the Courts, for consideration while appointing Commissioners, if they consider it appropriate to appoint a person from the panel. However, the appointment of Commissioners, being a judicial function, the Court of the Principal District & Sessions Judge and other courts in the district may appoint such person as they consider appropriate for the purposes of the proposed commission. (5) The Commissioner shall furnish the report of Commission together with all relevant documents/ material in accordance with the order issuing the Commission. (6) Where a complaint is received by the Delhi High Court, the office of the Principal District and Sessions Judge, or any other court against a person on the Commissioners Panel, the same shall be forwarded to the Commissioners Committee. (7) The Commissioners Committee shall conduct such inquiry as may be necessary and thereupon pass such orders including removal of the name of the Commissioner from the Commissioners Panel. (8) Notwithstanding the above, the Delhi High Court may remove the name of any Commissioner from the Commissioners Panel of any district. 3. Official Receivers to be appointed to the panel ex-officio—Official Receivers, should be appointed ex-officio to the panel on the understanding that the appointment is until further or until the end of the period of appointment as Official Receiver, whichever may be earlier. 4. Measure to prevent delay in the return of Commissions-In order to ensure punctuality of the return of the Commissions, only a part of the fee should be paid in advance and the balance should be paid when the Commission is returned by the Commissioner within the period fixed by the Court. 5. Court Readers or other Ministerial Officers should never be appointed to make local investigations, such as finding out the market value of the property, etc. Such Commissions should be issued wherever possible to retired Revenue Officers or professional men, such as engineers, contractors, auctioneers and accountants. Legal Practitioners are not excluded from appointment as local investigation commissioners, but the best man for the particular commission in question should be appointed Revenue Officers in service such as Tehsildars and Naib- Tehsildars should not, as a rule, be appointed when retired officers suitable for the work are available. The wishes of the parties in regard to the appointment of a particular individual as Commissioner for local investigations should be taken into consideration while making such appointments. 6. Selection of Commissioner to examine accounts-Commissioners to examine accounts should be selected from persons competent in the particular form of accounts. 7. Selection of Commissioners-Great care should be exercised by the Courts in selecting persons for appointment as Commissioners for the purpose of making local inquiries; and District Judges should exercise strict supervision over the action of subordinate Courts in this respect. The habitual employment of the same person should not be encouraged. The issue of Commissions to petition-writers, and persons who hang about the Courts should not be permitted. NOTE: THIS AMENDMENT SHALL COME INTO FORCE FROM THE DATE OF ITS PUBLICATION IN THE GAZETTE. By Order of the Court ARUN BHARDWAJ, Registrar General Uploaded by Dte. of Printing at Government of India Press, Ring Road, Mayapuri, New Delhi-110064 and Published by the Controller of Publications, Delhi-110054.

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