Schedule SCHEDULE
505. Parties may examine witnesses.
- The parties to any proceeding under this Code in which a commission is issued, may respectively forward any interrogatories in writing which the Magistrate or Court directing the commission may think relevant to the issue 5[and when the commission is directed to a Magistrate or officer mentioned in section 503, such Magistrate or the Officer] 6[to whom the duty of executing such commission has been delegated] shall examine the witness upon such interrogations.
- Any such party may appear before such Magistrate or 7[8[*******]officer] by pleader, or if not in custody, in person, and may examine, cross-examine and re-examine (as the case may be) the said witness.
506. Power of 9[* *] Magistrate to apply for issue of commission.
Whenever, in the course of an inquiry or a trial or any other proceeding under this Code before any Magistrate 10[* * *] 11[* * *] 10[* *] it appears that a commission ought to be issued for the examination of a witness whose evidence is necessary for the ends of justice, and that the attendance of such witness cannot be procured without an amount of delay, expense or inconvenience which, under the circumstances of the case, would be unreasonable, 12[such Magistrate 10[* * *] shall apply to the Sessions Judge 10[* * * * * *]], stating the reasons for the application ; 12[and the Sessions Judge 10[* * * * * *]] may either issue a commission in the manner hereinbefore provided or reject the application.
507. Return of commission.
- After any commission issued under section 503 or section 506 has been duly executed, 13[* * *] it shall be returned, together with the deposition of the witness examined thereunder, to the Court out of which it issued ; and the commission, the return thereto and the deposition shall be open at all reasonable times to inspection of the parties, and may, subject to all just exceptions, be read in evidence in the case by either party, and shall form part of the record. 1 Omitted by the Federal Laws (Revision and Declaration) Ordinance 1981 (XXVII of 1981), s. 3 and Second Sch. 2 Omitted by the Law Reforms Ordinance, 1972 (XII of 1972), s.2 and Sch. 3 Subs ibid. 4 Subs. by the Federal Laws (Revision and Declaration) Ordinance 1981 (XXVII of 1981), s. 3 and Second Sch. 5 Subs. by Act No. XIV of 1950, s. 2. 6 Ins. by Act No. XVIII of 1950, s. 138. 7 Subs. by Act No. XXVII of 1943, s. 3. 8 Amended by Act No. XIV of 1950. 9 Omitted by the Law Reforms Ordinance, 1972 (XII of 1972), s. 2 and Sch. 10 Omitted by Ord. No. XXXVII of 2001, s. 69. 11 Omitted by the Adaptation of Central Acts and Ordinances Order, 1949 (Order No. 4 of 1949), Art. 3 and Sch. 12 Subs. by the Law Reforms Ordinance, 1972 (XII of 1972), s. 2 and Sch. 13 Omitted by Act No. XIV of 1950, s. 4.
- Any deposition so taken, if it satisfies the conditions prescribed by section 33 of the Evidence Act, 1872 (1 of 1874), may also be received in evidence at any subsequent stage of the case before another Court.