Law:

Section:

Civil Procedure Code (V of 1908)--- ----O. XI, R.1---Object of O.XI, R.1, C.P.C.---Interrogatories intended to be answered by plaintiff's witness and to be used as evidence--Interrogatories not to dispense with recording of evidence---Deposition taken in examination-in-chief to lose its evidentiary value if it did not pass the test of cross-examination---Scope---Plaintiff-company moved application for appointment of Commission to record evidence on interrogatories of its witness who was stationed abroad---Plaintiff, in this regard, appended with application a list of questions to be answered by plaintiff's witness and such answers were then to be sought to be treated as plaintiff's evidence---Defendant objected to grant of application on ground that as plaintiff had option to file proceedings either in Pakistan or abroad and he had chosen to file suit in Pakistan, therefore, plaintiff's witness had to appear before the Court to adduce evidence---Validity---Plaintiff's application was based on premise that answers to plaintiff's own questions were to be treated as plaintiff's evidence in the matter which meant that plaintiff's witness, after answering its own suggested questions was not to be submitted to defendant's cross-examination--Treating answers to questions suggested by plaintiff as evidence seemed to be quite absurd and alien to procedure of evidence---Such could never be the object of provisions relating to interrogatories as provided in Order XI, C.P.C.---Rule 1 of Order XI of C.P.C. provided that interrogatories were to be delivered to opposite party for examination so that those could be answered by it---Word "examination" used in Rule 1, Order XI does not mean `examination of a witness' as is done in examination-in-chief but it means perusal of interrogatories by opposite party which is called upon to answer them and deliver answers in writing to the party seeking interrogatories---Need to deliver interrogatories under Order XI, rule 1, C.P.C. may arise for the reason that plaint or written statement may not be disclosing actual nature of case and replies through interrogatories became necessary to particularize and identify the real nature and…

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