Law: Civil Procedure Code (V of 1908)

Section: O.XV1,r.4(a),r.4(b),r.4(c),r.19

(a) Civil Procedure Code (V of 1908) ----- O. XV1, r. 4 (a), (b) & (c)-Commission for examination of witnesses-Satisfaction of all requirements of cis. (a), (b) & (c) of r. 4 before issuance of commission for examination of witnesses-Not necessary-Fulfillment of any of requirements of such clauses entitles a party to issuance of commission-Party however not entitled to ask for issuance of commission as a matter of right and Court may refuse to do so if issuing of commission be a mere abuse of process of Court or be otherwise unnecessary-Words "may issue"-Confer discretion on Court although discretion to be exercised judicially.-[Local Commissioner--Words and phrases]. Castelli v. Groome (1852) 21 L J Q B 308; Armour v. Walker (1884) 25 Ch. D 673; Coch. V. Alccck (1888) 57 L J Q B 489 and Sultan All Nanghiana v. Nur Hussain A I R 1949 Lah. 131 ref. (b) Civil Procedure Code (V of 1908)- r-- O. V, r. 4 & O. XVI, r. 19 [as substituted by Law Reforms Ordinance (XII of 1972)]-Application of O. V, r. 4 & O. XVI, r. 19- Distinction. The Law Reforms Ordinance, 1972 brought about a change in r. 19 of O. XVIC P. C. No change was, however, introduced by the said Ordinance XII of 1972 in Order V, rule 4. The reason apparently is that whereas the provision of Order V, rule 4 applies to a party, the provision of Order XVI, rule 19 is not restricted to a party but covers every person who has to give evidence. The distinction between a party and a witness in the matter of appearance in Court, as brought about by Ordinance XII of 1972, is not without significance. Thus, while a party in a suit cannot be ordered to appear in person, unless the conditions laid down in Order V, rule 4 are met, the similar inhibition of the Court, as regards a witness, has since been removed. If the matter concerns witnesses, the provision of Order V, rule 4 would not be attracted. Under Order XVI, rule 19 as now amended, the exception is only for person who is not residing in Pakistan. A person residing anywhere in Pakistan can, thus, be summoned to attend the Court for his examination as a witness unless the Court in its discretion permits him to be examined through a Commission.…

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