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

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MUHAMMAD ARIF VS PROVINCE OF PUNJAB through Collector, Sargodha 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 the order---Petitioner placed reliance on the case of "Sri awadh Kishore Singh and another v. Sri Brij Bihari Singh and others" (aIR 1993 Patna 122) to maintain that there was no provision to show that a party is debarred from examining its adversary as a witness and that the petitioner could legitimately produce defendant-in-question as a witness in the case---Validity---Though it is correct that Civil Procedure Code, 1908, (C.P.C.) does not contain any specific provision that bars the production of adversary by a party as their own witness but at the same time it is also true that there is no provision therein that permits such an exercise---Practice of summoning or producing an adversary as witness by the opposite party, in the ordinary course, has not been approved as it leads to unnecessary embarrassment for the opponent to face the cross-examination of his own counsel or the counsel of his co-defendants having common interest and, thereafter, reappear as a witness in support of their own case---Since no specific reason or explanation has 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 O — 2025 CLC 420 LAHORE-HIGH-COURT-LAHORE

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