Application for Commission to Examine Witness

In the Court of court_type, district

Case No. case_number

Plaintiff/Party: party_name. Defendant/Other Party: other_party.

APPLICATION FOR COMMISSION TO EXAMINE WITNESS

The applicant, by this application under Order XXVI Rule 1 of the Civil Procedure Code 1908, respectfully prays that a commission be issued for examination of witness_name as a witness on behalf of the applicant.

The applicant submits the following facts:

1. That witness_name, a crucial witness whose evidence is essential to prove the applicant's case, is unable to attend the court in person due to reason_for_inability.

2. That the witness is currently witness_location and is unable to travel to the court location due to specific_circumstances.

3. That the witness's evidence is material and directly relevant to the issues in dispute in the present case.

4. That examination through a commission would not cause any prejudice to the opposite party, who will be given notice and opportunity to cross-examine the witness.

5. That the applicant is prepared to pay all costs and expenses connected with the commission and examination.

WHEREFORE, it is humbly prayed that a commission be issued for examination of witness_name before any competent court, magistrate, or commissioner as this court may deem fit, and the evidence be recorded for use in the present case.

That the Applicant approaches this Honourable Court / Authority with clean hands, has made full and frank disclosure of all material facts, and has not concealed anything material to the just decision of the application.

6. That the witness sought to be examined on commission, namely witness_name, is unable to attend the proceedings of this Honourable Court personally because of the following reasons: reasons_for_commission, supported by documentary evidence annexed.

7. That the issuance of a commission for the examination of the said witness is necessary in the interest of justice, will save valuable time of the Court and the parties, and is permissible under Order XXVI Rule 1 of the Code of Civil Procedure 1908.

8. That the Applicant undertakes to bear all costs and expenses of the commission, including the fees of the commissioner, allowance of the witness, and other incidental expenses.

_____________________________ party_name Applicant CNIC No. party_cnic Date: _____________________