ORDER SHEET

IN THE HIGH COURT OF SINDH AT KARACHI

Suit No.403 of 2006

Date	Order with signature of Judge

For hearing of CMA 16215/14

Dated: 01.10.2018

Mr. Nadeem Pirzada for plaintiff.

Mr. Muhammad Shehzad for defendant.

Mr. Perwez Ali Mastoi, AAG.

Mr. Shabbir Shaikh for BOR/Defendant No.2.

-.-.-

While the instant application is moved by the defendant No.1, however counsel for the plaintiff affirms its contents and states that despite having received full fee the commission did not start recording of evidence. The commission was appointed by order dated 19.08.2010 and till date has not commenced recording of evidence. With the mutual consent, Mr. Dilawar Hussain, advocate of this Court, is replaced and appointed as commissioner to record evidence of the parties. His fee is fixed at Rs.15000/- per witness payable by the respective parties. He is given four months’ time to conclude the evidence and file his report. He is also empowered to impose cost or close side of the party who fails to come forward to record the evidence. In case the parties have already filed their pleadings with the earlier appointed commissioner, the office shall call the same and sent it to the newly appointed commissioner. However, in case nothing is filed with the commissioner, parties are directed to file their pleadings before the newly appointed commissioner. With regard to return of fee, let a report be called from the earlier appointed commissioner Mr. Iqbal Akhtar.

A copy of this order be sent to the newly appointed commissioner as well as previous commissioner Mr. Iqbal Akhtar.

Judge