Law:

Section:

Civil Procedure Code (V of 1908)--- ----S.75---Partition Act (IV of 1893), S.4---Specific Relief Act (I of 1877), Ss. 42 & 54---Suit for declaration, injunction and partition---Local Commission, appointment of---Recording of evidence---Object and scope---Local Commission already appointed returned the commission due to attitude of counsel for defendant---Plea raised by defendant was that recording of evidence was function of court and appointment of Commission would delay the matter---Validity---If High Court had power to save its time by recording evidence through the Commission, it was expected the counsel appearing for litigants should facilitate the court and cooperate with Commissioners as it was always in their own benefit---Whatever time saved by court in recording of evidence, was consumed by the court in other urgent matters requiring immediate orders in different cases and at the same time it would give some space to the court in reducing backlog by pronouncing lengthy s in cases which were ripe for final disposal---High Court appointed another Commissioner for recording of further evidence. THIS ORDER PASSED BY: NAZAR AKBAR, JUSTICE:---.--- On 26-9-2013, this Court had already ordered for appointment of some other Commissioner for recording of evidence of the parties, since the earlier Commissioner Hon'ble Madam (Retd.) Justice Majida Razvi has returned the Commission. It was clarified in the last order that the parties may propose the name of the Commissioner or the Court will decide that who should be the Commissioner in this case. Today, Mr. Mushtaq A. Memon, learned counsel for defendants Nos.1 and 4 to 8 has not agreed to suggest any name, he in fact does not want to record evidence on commission. He has placed a Statement at the Bar in writing. He has contended that during cross-examination plaintiff being lady takes undue advantage and takes time in making replies and repeatedly changes her versions. When the witness was confronted with the photocopy of a document, the same was objected by the other side and therefore, the case was referred back to the Court by the Commissioner. His other contention is that recording of evidence is…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492