MUHAMMAD ARIF vs PROVINCE OF PUNJAB through Collector, Sargodha art

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MUHAMMAD ARIF VS PROVINCE OF PUNJAB through Collector, Sargodha art. 131---Civil Procedure Code (V of 1908), O. XVI, Rr. 19, 20 & 21---Specific Relief act (I of 1877), S. 42---Suit for declaration---Opposing party to be produced as own witness---Scope---Plaintiffs made attempt to produce one of the defendants ('defendant-in-question') as a Plaintiff' Witness (P.W.); the objection against it did not sustain with the Civil Court which passed order against the defendants, however, District Court set-aside said order---argument of the petitioner/plaintiff was that he has choice to decide which witness he shall opt to produce---Validity---article 131 of Qanun-e-Shahadat, 1984 ('the Order 1984') empowers the court to disallow irrelevant or inadmissible evidence and to regulate the process of production of evidence---In the present case, the petitioner and his co-plaintiffs were expected to produce their own evidence in the affirmative in support of the alleged plea of oral gift and they could not be allowed to produce the opponent as a witness simply for the purpose of causing embarrassment of undergoing cross-examination by counsel for the petitioner as also by counsel for the co-defendants---If examination of any of the parties, who has not entered appearance in the witness-box, is necessary, Court can exercise its jurisdiction under O. XVI, R. 20, C.P.C., to direct any of the parties in the suit to appear in the court and give evidence or produce documents in their possession and power and the rules regulating the witnesses shall apply in such eventuality---Since no specific reason or explanation had been given for producing defendant -in-question as a witness by the petitioner/plaintiff, the District Court justifiably interfered with the order of the Civil /Trial Court and set it aside and in doing so no error of law was committed---Revision petition was dismissed, in circumstances.

MUHAMMAD ARIF vs PROVINCE OF PUNJAB through Collector, Sargodha art — 2025 CLC 420 LAHORE-HIGH-COURT-LAHORE

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