ORDER SHEET

IN THE HIGH COURT OF SINDH AT KARACHI

Suit No. 186  of  2008

Date                            Order with signature of Judges

For hearing of CMA No. 16347/2015

03.12.2015

                        Mr. Farmanullah Khan, advocate for the plaintiff.

                        Mr. Sara Mulkani, advocate for defendant No. 1.

Through the instant application, learned counsel for the plaintiff seeks replacement of the Commissioner namely Mr. AsgharFarooqui, advocate, who has been appointed by this Court vide order dated 27.08.2010 owing to his ill-health.  By consent of both the learned counsel, Mr. AtifAwan, advocate is appointed as Commissioner for recording the evidence of the parties in this suit.The parties shall bear the fee in respect of their respective witnesses at the rate of Rs.10,000/= per witness.  Mr. AsgharFarooqui, advocate is directed to return the relevant papers alongwith the depositions recorded by him to this Court within two weeks so that the same may be assigned to the new Commissioner. Soon thereafter, recording of evidence shall be commenced by the learned Commissioner. The entire exercise shall be concluded within six months from the date of receipt of the record of this case, by which period the learned Commissioner shall return the commission duly executed.  Adjournment shall only be granted, if it is inevitable and in case the learned Commissioner feels that any of the party is deliberately avoiding/delaying the proceedings, the commissioner shall close the side accordingly.

                                                                                                 J U D G E

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