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IJAZ HUSSAIN SHAH versus MUHAMMAD DIN

A. XXVI, R1 Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974), Section 42 (11), requesting the appointment of a Commission to record the statement of a witness to the appellant of the Supreme Court, filed by the respondent. The witness was in the case, get sick, the defendant filed a petition to the trial court to record the statement of the appellant / witness because of his serious illness, his request was rejected by the trial court. And then the High Court filed an appeal against it. With the leave of the court, the appellant requested that if his evidence was necessary for the decision of the case, it could also be registered by the Commission as required by law for the right of any party to the request. The Commission cannot be issued as a matter of fact. O XXVI, R 1, The provisions of the CPC, the court caught up with the matter, may issue a commission for examination in any case or in any other way, any person residing in the jurisdiction of the court Due to illness or weakness, the court was unable to appear in court, having discretion in the circumstances of a particular case, to consider whether a commission witness should be appointed to record an individual's evidence Or not. Although the matter was brought to court, it appears that the evidence of a person who, for the sake of proof, desired the appointment of a commission, was necessary only for this decision. Then a commission should be appointed to record the appellant's evidence so that he was ill and he could not appear in court, he filed an affidavit. famous high court advocate from Guddu lawyer