Law:

Section:

Civil Procedure Code of 1908 O. XXVI, r. 5-Foreign witness in foreign country-No reciprocal arrangement for examination of witness by Commission-Letter of request proper method Court's discretion-Letter of request to Greece-Civil Rules and Orders (Dacca), r. 298. The law does not make the issue of a letter of request dependent on reciprocal arrangement. The law in Order XXVI, rule 5, C.P.C. 1908 authorises the Court to issue a letter of request to examine witnesses in any country out side Pakistan, and in the Civil Rules and Orders for the guidance of the Civil Courts and officers subordinate to the High Court it has been laid down in rule 298 that the most strictly proper method for the Courts of one country to adopt in order to obtain evidence in another is the method of letter of request addressed to the proper Court in the foreign country, and then in the following rule some countries are mentioned who will accept commissions and to whom commissions may be issued. There is thus nothing in law which prevents a Court from issuing a letter of request, Levant which is not attended with the same difficulties in its execution as a commission. The Court has always the discretion to issue a letter of request, and the fact that there may be reason to believe that the country to which the letter of request is proposed to be issued might not honour the request, may induce the Court in proper cases to refuse the application for the issue of a letter of request. Where the witness to be examined was a Greek national residing in Greece, and there were no reciprocal arrangements for the execution of a commission between Pakistan and Greece, a letter of request was directed to be issued in view of the fact that the Royal Consulate General, Greece, seemed to have no objection regarding examination of witnesses in Greece. - Hanover Fire Insurance Company v. Muralidhar Banechand P L D 1958 S C (Pak.) 138 ref. National Fire and General Insurance Company Ltd. v. Mool Singh Gurdev Singh A I R 1951 Simla 227 considered. JUDGMENT AMIRUDDIN AHMAD, J.-This is an appeal,. by special leave of this Court, from a judgment and order of the High Court of East Pakistan upholding in revision…

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