Law:

Section:

Civil Procedure Code (V of 1908)--- ----O.XXVI, R.1---Recording of evidence--Local Commissioner--- Principle---Expeditious disposal of case---Procedural technicalities---Scope---Defendant objected recording of evidence through Local Commissioner on the ground that suit involved intricate details and other legal issues---Validity---Defendant had no lucid justification to oppose the application as taking steps for early decision in the matter and recording evidence on Commission to save time of parties could not be termed to be erroneous or an act against principle of natural justice---It was in the interest of both the parties if they would have come out of litigation as early as possible---All technicalities had to be avoided unless it was essential to comply with them on the grounds of public policy---English system of administration of justice on which system in Pakistan was based might be to certain extent technical but defects from that system should not be taken--Any system which by giving effect to the form and not to the substance had defeated substantive rights, was defective to that extent---Ideal was always a system that had given to every person what was his---Plaintiff was ready to bear expenses of Commission and no prejudice would be caused to defendant---High Court allowed recording of evidence before Local Commissioner---Application was allowed in circumstances. Khawaja Feroz v. Muhammad Dawood and others PLD 2008 Kar. 239; Mrs. Badar Rahim v. Hammad Asif Dosslani and another 2009 CLC 459; Archibald Campbell Mackillop v. Tobacco Manufacturers (India) Ltd. PLD 1951 Sindh 22; Gul Hasan v. Mst. Fatima PLD 1961 (W.P.) Pesh. 36; Babu Gulab Rai Ghutghutia v. Babu Mahendra Nath Sreemani AIR 1935 Patna 220; Thiagaraja Mudaliar v. Vedathanni AIR 1933 Madras 48 and Imtiaz Ahmed v. Ghulam Ali and others PLD 1963 SC 382 rel. ORDER MUHAMMAD ALI MAZHAR, J.---The plaintiff has brought this application for the appointment of Commissioner for recording evidence on the ground that it will save time of this Court and expedite the matter which is pending since 2007 and awaiting its due turn for evidence. In the supporting affidavit it is submitted that despite lapse…

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