Al Wakeelo
Your Digital Lawyer, Always on Duty
Initializing Secure Chambers
Your Digital Lawyer, Always on Duty
Initializing Secure Chambers
Petitioner: MARGALLA EDUCATION TRUST VS Respondent: Dr. Col. (Retd.) M. AFZAL KIANIHonorable Justice M.A. ZafarAbdur Rashid Awan,Abi Waqas Tariq
2009 Y L R 1795
2009 Y L R 1795
[Lahore]
Before M.A. Zafar, J
MARGALLA EDUCATION TRUST---Petitioner
Versus
Dr. Col. (Retd.) M. AFZAL KIANI---Respondent
Writ Petition No. 1757 of 2008, decided on 25th November, 2008.
Specific Relief Act (I of 1877)---
----Ss.42 & 55---Qanun-e-Shahadat (10 of 1984), Art.133---Constitution of Pakistan (1973), Art.199---Constitutional petition---Suit for declaration and mandatory injunction---Closing the right of cross-examination of defendant---Trial Court, after framing the issues, fixed the case for producing evidence by the plaintiff---Statement of the plaintiff was recorded as his own witness and case was adjourned for his cross-examination---On certain dates said witness, appeared for cross-examination, but matter was adjourned at the, request of the defendant for one reason or the other; and ultimately Trial Court closed right of cross-examination of defendant in respect of said witness---Defendant did not challenge said order by filing the revision petition, but filed review application before the Trial Court, which was dismissed---Feeling aggrieved from said order passed by the Trial Court, defendant filed revision petition, before Appellate Court which was dismissed---Parties had agreed that one opportunity could be given to defendant to cross-examine witness/the plaintiff subject to payment of heavy cost---Impugned orders - passed by the Trial Court and Appellate Court were set aside closing the right of defendant to cross-examine the witness---One opportunity was however granted to defendant to cross-examine the witness.
Abdur Rashid Awan for Petitioners.
Abi Waqas Tariq for Respondent No.1.
ORDER
M.A. ZAFAR, J.---Respondent filed a suit for declaration and mandatory injunction which is pending in the Court of learned Civil Judge, Rawalpindi. Petitioner entered appearance and filed written statement and the learned. Trial Court after framing the issues fixed the case for plaintiff/respondent No.1's evidence. On 10-10-2005 plaintiff's statement was recorded as P.W. and case was adjourned for his cross-examination. On certain dates the said witness appeared for his cross-examination but the matter was adjourned at the request of the appellant/defendant for one reason or the other and ultimately the learned Civil Judge vide orders dated 6-3-2007 closed the right of cross-examination of the petitioner in respect of the said witness.
2. That the petitioner did not challenge the order dated 6-3-2007 by filing the revision petition but opted to file review application before the learned Civil Judge which was dismissed by him vide orders dated 2-5-2008.
3. Feeling aggrieved from the aforesaid order passed by the learned Civil Judge, Rawalpindi petitioner filed a revision petition which was finally decided by the learned Additional District Judge, Rawalpindi who vide orders dated 2-8-2008 was pleased to dismiss the same.
4. Learned counsel for the parties addressed the arguments at some length in support of their respective contentions and thereafter it was agreed between the parties that one opportunity may be given to the petitioner to cross-examine P.W.1 Dr. Col. (Retd.) Mr. Afzal Kiani subject to payment of heavy cost.
5. In view of the 'statement made by the learned counsel for the respondent No.1 the impugned orders dated 2-5-2008 and 2-8-2008 passed by the learned Civil Judge, and the Addl: District Judge, Rawalpindi respectively against closing the right of the petitioner to cross-examine the plaintiff/ P.W.1 are set aside subject to payment of Rs.5,000 as' costs and the petitioner/ defendant is only given one opportunity to
6. cross-examine respondent No.1/plaintiff. The parties are directed to appear before the learned trial Court on 20-12-2008 on the said date respondent No.1 should be available for his cross-examination by the other side.
H.B.T./M-174/L Order accordingly.