Law: Civil Procedure Code (V of 1908)

Section: O.XXVI,R.4,O.X,R.1A,S.151

Law: Civil Procedure Code (V of 1908)

Section: O.XXVI,R.4,O.X,R.1A,S.151

Law: Constitution of Pakistan, 1973

Section: 37(d)

(a) Civil Procedure Code (V of 1908)-------O. XXVI, R.4 & O.X, R.1-A---Issuance of Commission for examination of evidence---Scope---Consent of parties---Necessity. In terms of Order XXVI, rule` 4, C.P.C. Commission for examination of evidence can be issued within the limits provided, however, by consent of the parties Commission can be issued for examination of witnesses even in the matter which is not covered by rule 4 of Order XXVI, C.P.C. Order X, Rule 1A, C.P.C. provided that with the consent of the parties Commission to examine parties can be issued. Normally Commission can be issued for recording of evidence by consent of the parties to decide the case expeditiously. However, if the Court is of the opinion that one of the parties, will be benefited by delaying proceedings, one party is in possession of the property in question enjoying part payment, and by not giving consent for recording of evidence on Commission, in exercise of inherent power can order to record the evidence on Commission. Such directions can be exercised for advancement of justice and should not prejudice interest of one of the parties. Procedural law is meant for advancement of justice and to expedite decision of dispute, rather than to delay grant of right: to a party. Principal object behind all legal formalities is to safeguard the paramount interest of justice and mere technicalities, unless offering an insurmountable hurdle, should not be allowed to defeat the ends of justice. C.P.C. provides procedural code with overriding objective, to enable the Court to deal with the case absolutely. The Civil Procedure Code provides a procedural code with an overriding object to enable Court to deal with cases justly, to provide justice to the parties according to law, within a reasonable timeframe, to meet requirement of Article 37(d) of the Constitution. Mrs. Shahnaz and others v. Hamid Ali Mirza 2006 CLC 1737 and Jameel Ahmed v. Late Saifuddin through L.Rs. 1997 SCMR 260 ref. (b) Specific Relief Act (I of 1877)--- 12---Relief of specific performance being an equitable relief, delay in deciding the dispute not only adversely affects the interest of both the parties before the Court but…

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