Explanation of CPC Section 26A-D

------ As per Amendment in Islamabad 

Section 26A, 26B, 26C and 26D omitted.

------As per Amendment in KPK 

“26A. Written statement.

(1) The defendant shall file written statement not later than thirty days from the date of his first appearance in the Court:

Provided that if the defendant fails to file written statement on the date fixed, the Court may grant an opportunity to file the same not later than fifteen days, subject to payment of reasonable adjournment costs:

Provided further that if the defendant fails to file written statement after the opportunity given under the first proviso, a final opportunity may be given by the Court to file written statement not later than fifteen days, subject to payment of reasonable adjournment costs, after which the defendant shall lose the right to file written statement:

Provided also that the written statement may be allowed to be filed by the Court upon payment of costs to be determined by it, if the defendant through an application supported by an affidavit within thirty days satisfies the Court that he had just and sufficient cause and the Court record reasons for it.

(2) The defendant shall, at the time of filing of written statement, submit two sets of written statements and other accompanying documents. He may further be required to submit as many additional sets of written statement, as may be determined by the Court.

26B. Framing of issues, filing of list of witnesses and recording of evidence.
(1) The Court shall, within seven days of filing of the written statement, frame issues.

(2) The parties may, within seven days of framing of issues, raise objection on such issues.

(3) After finalizing the issues, the Court shall order the parties to file list of witnesses not later than fifteen days.

(4) If any party fails to comply with the orders of the Court in sub-section (3), a final opportunity may be given by the Court to file list of witnesses not later than fifteen days, subject to payment of adjournment costs.

(5) Upon framing of issues and filing of the list of witnesses, the Court shall proceed to record evidence itself or may order the recording of evidence through Commission in the prescribed manner.

(6) For the purpose of sub-section (5) of this section, the Court shall appoint a Commission from a list of approved panel, comprising advocates and retired judges, maintained by the District Judge concerned in the prescribed manner, on such fee and terms and conditions as may be determined by the Court.

(7) The Court may, in appropriate cases, require the parties to file affidavits of their respective oral witnesses before the Court or the Commission, as the case may be, which shall be construed to be examination-in-chief.

(8) On the affidavits so filed in evidence, the witnesses shall be subjected to cross examination and if necessary, just and expedient, shall be subjected to re-examination followed by cross-examination.

(9) The Court or the Commission, as the case may be, shall record the evidence and proceedings thereof in written and audio and video recording.

(10) The Court or the Commission, as the case may be, may ordinarily finalized the recording of evidence, within six months of the order, under sub-section (5), and, in case of Commission, it shall submit a report in this regard to the Court along with the complete written, audio and video record of the proceeding conducted under sub-section (9).

(11) The High Court may frame rules for the purposes of recording of evidence through Commission, inter alia, empowering the Commission to regulate the Commission’s proceedings including but not limited to allowing or disallowing questions, documents, choosing sides, extension of Commission and passing such ancillary or other orders which are necessary to carry out the functions of the Commission.

26C. Hearing of final arguments.

(1) The Court shall, after submission or closing of evidence, as the case may be, fix a date not later than thirty days, for hearing of final arguments by the parties.

(2) The Court may require the parties to file their written arguments in addition to oral arguments and the written argument so filed shall be made part of the record.