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.

DATED APPLICANT/ PLAINTIFF

THROUGH COUNSEL