Law: Civil Procedure Code (V of 1908)

Section: 15

(a) Contempt------Proceedings can be taken against person guilty of commission of act which tends to bring administration of justice into scorn-Commissioner appointed under O. XXVI, C. P. C. not executing commission for one reason or other without such intention­ Not guilty of contempt. The contempt proceedings are taken against a person only if he or she is guilty of commission of an act which tends to bring the administration of justice into scorn or which tends to interfere with the due course of justice. If a person to whom a commission is issued expresses his or her inability to execute the commission for one reason or other but has no intention to bring the administration of justice into scorn, or to interfere with the due course of justice, then he or she cannot be held to be guilty of committing the contempt of Court. (b) Civil Procedure Code (V of 1908)-----O. XXVI, r. 15 ­Fixation of Commission's fee-Court to take into account status and position of person. When fixing the fees-the Court should, take into account the status and position of the person to whom the commission is proposed to be issued. If the Court offers a ridiculous amount then it cannot blame the person if he or she refuses to execute the commission. ORDER In the suit (Syed Nasir Shah v. Syed Murtaza Shah) pending in the Court of Ch. Abdur Rahman Bhatti, Civil Judge, Lahore, a commission was issued to Miss R. S. Qari, an Advocate of this Court, to record the statement of Mst. Razia Begum, a defendant in that case. The fee fixed for the execution of this commission was Rs. 20. Miss Qari represented to the Court that as she was a senior Advocate of this Court, therefore, it was not possible for her to execute the commission on the payment of Rs. 20 but she would do so willingly if the fee was enhanced to Rs. 50. The learned trial Court has taken exception to this representation of Miss Qari and has issued notice to her to show cause why should she be not prosecuted for contempt of Court. Miss Qari has come up to this Court for setting aside the above order. The learned Civil Judge from whom the report was sent for has distinctly stated that he does not intend to take any further action…

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