Law:

Section:

(a) Civil Procedure Code (V of 1908)--O. XVIII, r. 17-Recall and examination of witness-Petitioner having no right to recall witness for cross-examination, held, could not be prevented from examining such witness in his defence.-[Witness]. (b) Civil Procedure Code (V of 1908)- O. XXVI, r. I-Commission for examination of witness-Issue of commission with consent of parties and even otherwise being in interest of justice, apprehension that trial Judge may not allow commission, held, unjustified.-[Witness]. ORDER FAKHRUDDIN G. EBRAHIM, J.-This civil petition for leave to appeal is directed against an order made by the learned Single Judge of the High Court of Sind dated 6-3-1979 made in Suit No. 253 of 1969 dismissing the petitioner's application under Order XVIII, rule 17, C. P. C. whereby the petitioner had sought to recall a witness by the name of Pir Bhai for cross-examination. After we had heard the learned counsel for the petitioner and the respondent, who had filed caveat, we have come to the conclusion that there is no merit in this petition. However, during the course of the argument, it appeared that though the petitioner would have no right to recall the witness Pir Bhai for cross-examination, he could not be prevented from a examining this witness in his defence. Since the witness was outside Pakistan we enquired from Mr. Rahimtoola, the learned counsel for respondent bank if the bank would have any objection for a commission being issued for examination of this witness as petitioner's witness. The learned counsel took time to obtain instructions and has now filed an application in which it is stated that if the petitioner desires at his own cost to examine the witness Pir Bhai as his witness in the suit upon…

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