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Citation Name: 2024 PLD 25 PESHAWAR-HIGH-COURTBookmark this Case TAUHEED FAROOQI vs FAIQA ANMOL Ss — 2024 PLD 25 PESHAWAR-HIGH-COURT

Case information

Citation
2024 PLD 25 PESHAWAR-HIGH-COURT
Court
Peshawar High Court
Year
2024
Reporter
PLD
Parties
Citation Name: 2024 PLD 25 PESHAWAR-HIGH-COURTBookmark this Case TAUHEED FAROOQI vs FAIQA ANMOL Ss
Subject matter
Criminal

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 PLD 25 PESHAWAR-HIGH-COURTBookmark this Case TAUHEED FAROOQI VS FAIQA ANMOL Ss. 5, Sched. & 17-a---Family suit---Striking off right of defence---Conduct of the defendant---Defendant's right of production of evidence was struck off by the Family Court, which order was maintained by the appellate Court---Contention of the petitioner/defendant was that the striking off the right of production of evidence did not preclude him to record his own statement but only placed bar on production of his witnesses in evidence---Validity---Word "evidence" had a vast meaning, which could not be limited to mean witnesses of a party only, rather the same included party's own statement too---Thus, striking off the right of production of evidence placed a bar on the petitioner from recording his own statement---Record (order-sheet) revealed that although the counsel of the respondent/defendant was not (present), he was present before the Court on the day of striking-off his defence, but he did not opt to record his own statement before the Court and instead insisted upon adjournment without any sufficient cause, and he did not file any application thereafter expressing his readiness to record his own statement despite the fact that he used to attend the Trial Court on each and every date till the decision of suit---Petitioner/defendant did not duly mention said fact (his presence and asking for his examination) while approaching the appellate Court, so at no stage before he had raised his said contention/ground---No illegality or infirmity was found in the impugned judgment passed by the appellate Court---Constitutional petition was dismissed, in circumstances.

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