Code of Civil Procedure, 1908 — Section 78: Commissions issued by foreign Courts

78. Commissions issued by foreign Courts. 2[Subject to such conditions and limitations as may be prescribed,] the provisions as to the execution and return of commissions for the examination of witnesses shall apply to commissions issued by 2[or at the instance of]

(a)Courts situate beyond the limits of 1[Pakistan] and established or continued by the authority of 3[* * *] 4[the 5[Federal Government] 6* * *], or 7 [* * * * * * *]

(c)Courts of any State or country outside Pakistan.]. PART V SUITS IN PARTICULAR CASES SUITS BY OR AGAINST 8[THE GOVERNMENT] OR PUBLIC OFFICERS IN THEIR OFFICIAL CAPACITY [79. Suits by or against the Government.__ 10[* * *] In a Suit by or against the 11[Government] 9 the authority to be named as plaintiff or defendant, as the case may be, shall be

(a)in the case of a suit by or against the 5[Federal Government], 12[Pakistan];

(b)in the case of a suit by or against a Provincial Government, the Province ; and 1 [80. Notice.__ (1) A suit may be instituted against the Government or against a Public officer, in respect of any act purporting to be done by such public officer in his official capacity, after the expiration of two months next after notice in writing has been delivered to or left at the office of,

(a)in the case of a suit against the 2[Federal Government], a Secretary to that Government;

(b)(i) in the case of a suit against the Provincial Government other than a suit relating to the affairs of a Railway, a Secretary to that Government or the Collector of the District; and

(ii)in the case of a suit against the 3[Federal Government] relating to the affairs of a Railway, the General Manager of the Railway concerned, and in the case of a public officer, delivered to him or left at his office stating the cause of action, the name, description of place of residence of the plaintiff and the relief which he claims ; and the plaint shall contain a statement that such notice has been so delivered or left.

(2)Where any such suit is instituted without delivering or leaving such notice as aforesaid or before the expiration of the said period of two months or where the plaint does not contain a statement that such notice has been so delivered or left, the plaintiff shall not be entitled to any costs if settlement as regards the subject-matter of the suit is reached or the Government or the public officer concedes the plaintiff's claim, within the period of two months from the date of the institution of the suit : Provided that in a suit instituted without such notice, the Court shall allow not less than three months to the Government to submit its written statement.]