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MUHAMMAD AYAZ vs Mst — 2024 PLD 976 SUPREME-COURT

Case information

Citation
2024 PLD 976 SUPREME-COURT
Court
Supreme Court of Pakistan
Year
2024
Reporter
PLD
Parties
MUHAMMAD AYAZ vs Mst
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

MUHAMMAD AYAZ VS Mst. SAIMA SAEED Practice of calling the defendant as a witness to give evidence on behalf of the plaintiff---Propriety---In the present case, the plaintiffs filed a suit for declaration and injunction, and then applied for a summons to be issued to the first defendant (respondent), as their witness---Trial Judge declined the application, and his order was first upheld by the Appellate Court and then by the Revision Court---Validity---In the facts of the present case, if the first defendant fails to appear in the witness box, allowing the plaintiffs to compel her presence by the issue of a witness summons, would be an objectionable practice---Such a practice places the examination and cross-examination of a witness in the wrong hands, hinders fair trial, and obstructs justice---At the same time, it is also a bad practice for parties to refrain from entering the witness box when they are in a position to give personal evidence---Therefore, the first defendant in the suit, giving rise to the present petition, is expected to provide personal testimony in support of her case---If she does not appear without sufficient cause, it will amount to suppression or withholding of evidence, and the Court will be entitled to draw an inference against her----No infirmity was found in the orders of the Courts below, thus, the same were upheld by the Supreme Court---Petition was dismissed, and leave was accordingly refused.

Other judgments reported in 2024 PLD

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