Law: Civil Procedure Code (V of 1908)

Section: S.75,O.X,XXVI,R.1,1A,2,3,4,5,19

Civil Procedure Code (V of 1908)--- ----O.XXVI, Rr.1, 2, 4 & S.75---Power of Court to issue commission---Discretion---Scope---Power to issue a commission to examine any person; to make local investigation; to examine or adjust accounts; or to make a partition, stemmed from S.75, C.P.C. was subject to conditions and limitations as might be prescribed by O.XXVI, C.P.C.---Order XXVI, R.2, C.P.C. expressly empowered the court to issue a commission for examination of a witness on its own motion---When the court exercised power under O.XXVI, R.2, C.P.C. to issue a commission to examine witnesses on its own motion, such was largely a matter of discretion of the court not circumscribed by the conditions set out in O.XXVI, Rr.1 & 4, C.P.C. Shahnaz v. Hamid Ali Mirza 2006 CLC 1736; Khawaja Feroz v. Muhammad Dawood PLD 2008 Kar. 239 and Badar Rahim v. Hammad Asif Dosslani 2009 CLC 459 rel. Shagufta Noor v. Ishrat Jehan 2012 CLC 1902 ref. THIS ORDER PASSED BY: ADNAN IQBAL CHAUDHRY, J.--- This application for appointing a commissioner for recording evidence in the suit is opposed by the defendant on grounds (a) that under Order X, Rule 1-A(ii), C.P.C., such commission can issue only with the consent of the parties; and (b) that such commission can issue only for reasons specifically mentioned in Order XXVI, Rule 1, C.P.C. Order X, Rule 1-A, C.P.C. which was inserted in the C.P.C. by an amendment in the year 2002 reads: "The Court may adopt any lawful procedure not inconsistent with the provisions of this Code to:-- (i) .. (ii) issue, with the consent of the parties, commission to examine witnesses, admit document and take other steps for the purpose of trial; (iii) . Under the C.P.C., the power to issue a commission "(a) to examine any person; (b) to make a local investigation; (c) to examine or adjust accounts; or (d) to make a partition" stems from section 75 which power is "subject to such conditions and limitations as may be prescribed". Such conditions and limitations are prescribed by Order XXVI, C.P.C., and insofar as the power to issue commission "to examine any person" is concerned, as distinct from a commission for local inspection., accounts and…

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