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Citation Name: 2024 CLC 295 QUETTA-HIGH-COURT-BALOCHISTANBookmark this Case AFTAB ASHRAF vs KHURSHEED ASHRAF Ss — 2024 CLC 295 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Citation
2024 CLC 295 QUETTA-HIGH-COURT-BALOCHISTAN
Court
Balochistan High Court
Year
2024
Reporter
CLC
Parties
Citation Name: 2024 CLC 295 QUETTA-HIGH-COURT-BALOCHISTANBookmark this Case AFTAB ASHRAF vs KHURSHEED ASHRAF Ss
Subject matter
Civil
Provisions referred to
Civil Procedure Code (V of 1908)

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

Citation Name: 2024 CLC 295 QUETTA-HIGH-COURT-BALOCHISTANBookmark this Case AFTAB ASHRAF VS KHURSHEED ASHRAF Ss. 8 & 54---Civil Procedure Code (V of 1908), O.XX, R.18(2)---Suit for possession, injunction and partition---Right of cross-examination, closure of---Non-payment of penalty---Suit filed by respondent / plaintiff was decreed concurrently by Trial Court and Lower Appellate Court against petitioner / defendant---Validity---Petitioner / defendant was bent upon to linger on the case for statement of respondent / plaintiff who used to come from abroad---Petitioner / defendant did not cross examine merely to linger on the case---Trial Court closed right of petitioner / defendant to cross examine on the statement of respondent / plaintiff and right of cross examination was restored by Trial Court, subject to payment of ticket expenses of respondent / plaintiff---Petitioner / respondent failed to pay ticket expenses though respondent / plaintiff had come twice from a foreign country---Petitioner / defendant despite availing countless adjournments failed to lead evidence, therefore, Trial Court rightly closed right of petitioner / defendant---High Court declined to interfere in judgments passed by two Courts below which were well reasoned---Suit property was joint and parties were entitled for possession of their respective shares in suit property through partition by metes and bounds---Revision was dismissed, in circumstances.

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