USMAN SAAD vs The ADDITIONAL DISTRICT JUDGE, ISLAMABAD (WEST) O — 2023 CLC 421 ISLAMABAD

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USMAN SAAD VS The ADDITIONAL DISTRICT JUDGE, ISLAMABAD (WEST) O.XVI, R.1---Constitution of Pakistan, Art.10-A---Summons to attend to give evidence or produce documents---Scope---Fair trial---Scope---Petitioner through a civil suit assailed his release from contractual employment---Reason of petitioner's expulsion from the service as asserted by respondents was ill-behaviour, which was being hotly contested on the basis of a report, authored by the proposed witness, who statedly medically examined the petitioner and rendered her opinion with regard to mental health of the petitioner---Trial Court dismissed the petitioner's application for summoning the Psychologist as a witness for having failed to mention her name in the list of witnesses and for not furnishing a good cause---Validity---Law favoured adjudication on merits instead of technical knockout---When the respondents were relying upon the psychological assessment report authored by the Psychologist, it did not appeal to the reason as why the petitioner was being restrained to advance his case by producing the proposed witness to substantiate her medical assessment report---Such treatment, on the face of it, was against the spirit of natural justice and also offensive to right of fair trial envisaged in Art.10-A of the Constitution---Writ petition was allowed, impugned order was set aside and the petitioner was allowed to produce the witness himself and at his own cost, with right of cross-examination to the respondents. Citation Name: 2023 CLC 421 ISLAMABADBookmark this Case USMAN SAAD VS The ADDITIONAL DISTRICT JUDGE, ISLAMABAD (WEST) art.199---Constitutional jurisdiction---Scope---Held, High Court must not exercise constitutional jurisdiction in order to interfere with the discretion exercised by lower courts unless the same suffers from jurisdictional, factual or legal error---However, such interference would be justified incases where the impugned order had been passed without jurisdiction or is based on misreading or non-reading of evidence, or is not in accordance with law.

USMAN SAAD vs The ADDITIONAL DISTRICT JUDGE, ISLAMABAD (WEST) O — 2023 CLC 421 ISLAMABAD

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