This document is an application filed in the Court of Civil Judge-VIII in Quetta, Pakistan. The plaintiffs in a pending civil suit want to record the statement of their attorney through video conferencing as the attorney resides in Texas, America and cannot appear in person. The application argues that section 151 of the Civil Procedure Code and Article 164 of the Qanun-e-Shahadat Order allow for recording witness statements through video conferencing. Allowing virtual attendance of the attorney would fulfill the legislative intent of requiring witness attendance in court. The court is requested to allow recording the attorney's statement through video conferencing in the interest of justice.
This document is an application filed in the Court of Civil Judge-VIII in Quetta, Pakistan. The plaintiffs in a pending civil suit want to record the statement of their attorney through video conferencing as the attorney resides in Texas, America and cannot appear in person. The application argues that section 151 of the Civil Procedure Code and Article 164 of the Qanun-e-Shahadat Order allow for recording witness statements through video conferencing. Allowing virtual attendance of the attorney would fulfill the legislative intent of requiring witness attendance in court. The court is requested to allow recording the attorney's statement through video conferencing in the interest of justice.
This document is an application filed in the Court of Civil Judge-VIII in Quetta, Pakistan. The plaintiffs in a pending civil suit want to record the statement of their attorney through video conferencing as the attorney resides in Texas, America and cannot appear in person. The application argues that section 151 of the Civil Procedure Code and Article 164 of the Qanun-e-Shahadat Order allow for recording witness statements through video conferencing. Allowing virtual attendance of the attorney would fulfill the legislative intent of requiring witness attendance in court. The court is requested to allow recording the attorney's statement through video conferencing in the interest of justice.
This document is an application filed in the Court of Civil Judge-VIII in Quetta, Pakistan. The plaintiffs in a pending civil suit want to record the statement of their attorney through video conferencing as the attorney resides in Texas, America and cannot appear in person. The application argues that section 151 of the Civil Procedure Code and Article 164 of the Qanun-e-Shahadat Order allow for recording witness statements through video conferencing. Allowing virtual attendance of the attorney would fulfill the legislative intent of requiring witness attendance in court. The court is requested to allow recording the attorney's statement through video conferencing in the interest of justice.
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BEFORE THE COURT OF CIVIL JUDGE-VIII, QUETTA.
Uzma Naz & others
PLAINTIFF…
VERSUS
Sabtain Haider & others
DEFENDANT…
CIVIL SUIT
APPLICATION UNDER ARTICLE 164 QANUN-E-SHAHADAT ORDER, 1984
R/W SECTION 151 CPC FOR RECORDING THE STATEMENT OF PLAINTIFF’S ATTORNEY THROUGH VIDEO CONFERENCING.
The applicant/plaintiff respectfully submits as under:
1. That the above mentioned civil suit is pending for adjudication
before this Hon’ble Court and same is fixed for today i.e,29-11- 2023. 2. That plaintiffs/applicants want to record their statement through attorney. However, the attorney of the plaintiff is the elder brother of deceased and applicants/plaintiffs Dr. Safdar Ali who is a Cardiologist and residing in Texas America. Therefore, appearing before the Hon’ble Court in person is not possible. As such, due to the said reason plaintiffs want to record their attorney’s statement through video conferencing. 3. That section 151 CPC and article 164 Qanun-e-shahadat order,1984 empowers the civil court to for recording the oral evidence of a witness through video conferencing. However, the virtual attendance of a witness in court appears to be the species of genus of “attendance” required under rule 4 of order XVIII, CPC, and fulfils the legislative purpose and policy in requiring the attendance of a witness in court for recording the evidence. However, word attendance used in rule 4 can be extended in virtual attendance and the word attendance mentioned in the said rule does not mean only physical attendance but includes virtual attendance made possible by modern technology of video conferencing. Hence this application.
It is therefore accordingly and respectfully prayed that
keeping in view the above facts and circumstances application of applicant/plaintiff may kindly be allowed. However, the non production of attorney’s statement may cause serious prejudice to the value able rights of the plaintiffs/applicants. Therefore, the application of applicants/plaintiffs may kindly be allowed /accepted in the interest of justice.