Student’s Name: ____________________________ Enroll No: ______________________________

Bahria University, Islamabad Campus

School of Law
Final Examination Spring 2024
Class: LL.B 8th
(Paper Type: ASSIGNMENT)

Course: CPC Date: 30TH May 2024

Course Code: ______________ Time: Session-I / II / III
Teacher Name: NAEEM IQBAL Max Marks:20

INSTRUCTIONS

i. Assignment is Open Book.

ii. Please avoid copy and paste from internet.
iii. Submit your assignment in Soft as well as Hard Form
iv. Marks will be deducted for copy and paste
v. Practical approach should be applied while making research on the topic
vi. Elaborate your answer with case laws on the subject
vii. Assignment should not be more than of 300 words

Hassan Mehboob
01-177202-015

Please attempt one question.

Q No. 1: Elaborately describe the procedure for withdrawal and abatement of a claim?
Under the Civil Procedure Code (CPC) of Pakistan, the procedures for withdrawal and abatement of a
claim are outlined in detail:
1. Withdrawal of a Claim (Section 24) (Order XXIII, Rule 1):
o Filing of Application or Motion: The party wishing to withdraw a claim must file an
application or motion before the court seeking permission to withdraw the claim.
o Notice to Other Parties: Notice of the application or motion must be served to all other
parties involved in the case.
o Court's Consideration: The court will consider the application or motion and may allow
the withdrawal if it deems fit.
o Consent of Other Parties: If the withdrawal is opposed by any other party, the court may
require their consent or may decide based on the merits of the case.
o Conditions: The court may impose conditions for allowing the withdrawal, such as
payment of costs or other expenses incurred by the opposing party.
o Effect: Once the withdrawal is allowed by the court, the claim is considered withdrawn,
and the proceedings continue without that particular claim.
2. Abatement of a Claim ) (Order XXII, Rule 4,6):
o Nature of Abatement: Abatement may occur due to various reasons such as the death of a
party, the expiration of a legal right, or any other event that renders the claim moot or
impossible to pursue.
o Automatic Abatement: Some forms of abatement may occur automatically by operation
of law, such as when a party to the suit dies.
Student’s Name: ____________________________ Enroll No: ______________________________
o Application for Abatement: In other cases, a party may file an application before the
court seeking abatement of the claim, specifying the grounds for abatement.
o Court's Decision: The court will review the application for abatement and may grant it if
it finds the grounds to be valid.
o Notice to Other Parties: Notice of the application for abatement must be served to all
other parties involved in the case.
o Effect: If abatement is granted, the claim is considered abated, and the proceedings related
to that claim are terminated.

Q No. 2: How and for what Commissions are appointed by a Court? Elaborate in detail?
Courts have the authority to appoint commissions for various purposes, primarily aimed at aiding in the
administration of justice. The process and reasons for appointing commissions are detailed below:
Appointment of Commissions:
1. Authorization by Court (Order XXVI, Rule 1): The court holds the power to appoint
commissions, either on its own motion or upon application by any of the parties involved in the
case. This means that the court can decide to appoint a commission based on its assessment of the
case's requirements or upon request by a party.
2. Nature of Commissions: Commissions can take various forms, such as commissions for
examination of witnesses, commissions for local investigations, or commissions for recording
evidence.
3. Examination of Witnesses (Order XXVI, Rule 4):
o Purpose: The court may appoint a commission to examine witnesses in cases where their
presence in court is impractical or inconvenient.
o Procedure: The commission appointed by the court conducts the examination of witnesses
outside the court's premises, usually at a location more convenient for the witnesses.
o Recording of Evidence: The commission records the evidence of the witnesses, either in
writing or by audio-visual means, and submits the record to the court for consideration.
4. Local Investigations (Order XXVI, Rule 5):
o Purpose: The court may appoint a commission for local investigation to gather evidence or
information relevant to the case.
o Scope of Investigation: The commission investigates specific aspects of the case as
directed by the court, such as inspecting properties, examining documents, or conducting
surveys.
o Reporting: The commission prepares a report detailing its findings and submits it to the
court for review.
5. Recording of Evidence (Order XXVI, Rule 6):
o Purpose: In cases where witnesses are unable to attend court proceedings due to illness,
old age, or other reasons, the court may appoint a commission to record their evidence.
o Procedure: The commission, under the court's direction, records the evidence of such
witnesses, ensuring that their testimony is preserved for consideration in the case.
6. Special Commissions (Order XXVI, Rule 7):
o Purpose: The court may appoint special commissions for specific purposes not covered by
other provisions, as deemed necessary for the administration of justice.
o Scope and Procedure: The appointment, powers, and duties of such special commissions
are determined by the court based on the requirements of the case.
Reasons for Appointment:
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1. Convenience: Commissions are appointed to facilitate the administration of justice by ensuring
the convenience of witnesses, parties, or the court itself.
2. Gathering Evidence: Commissions aid in gathering evidence that may not be readily available
through standard court procedures, such as evidence from remote locations or from witnesses who
are unable to appear in court.
3. Ensuring Fairness: By allowing for the examination of witnesses or local investigations,
commissions contribute to the fairness and thoroughness of the judicial process, ensuring that all
relevant evidence is considered in adjudicating the case.
4. Efficiency: Commissions can expedite the legal proceedings by streamlining the process of
evidence gathering and testimony recording, thereby promoting the timely resolution of disputes.
Overall, the appointment of commissions by courts under the CPC 1908 serves the goal of ensuring fair,
efficient, and effective administration of justice in civil cases