Mst. Nusrat Bibi vs Defence Housing Authority S — 2025 YLR 2794 LAHORE-HIGH-COURT-LAHORE

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Mst. Nusrat Bibi VS Defence Housing Authority S. 115---Remand order passed by Appellate /District Court, assailing of---Revisional jurisdictional of High Court---Scope---Petitioner/plaintiff challenged the legality of judgment passed by the Appellate/ District Court whereby appeal filedby one of the eight defendants (respondents) was accepted and the matter was remanded to the Trial Court giving permission to the respondent to cross-examine upon the seven witnesses produced by her (petitioner)---Validity---Present civil revision is instituted against a remand judgment whereas, ordinarily, civil revision is not maintainable against a remand order---Revision was dismissed, in circumstances. Citation Name: 2025 YLR 2794 LAHORE-HIGH-COURT-LAHOREBookmark this Case Mst. Nusrat Bibi VS Defence Housing Authority O. IX, R. 9 & O. XVII, R. 3---Trial proceedings---Right of cross-examination by adverse party, closing of---Propriety---Petitioner/plaintiff challenged the legality of judgment passed by the Appellate/ District Court whereby appeal filed by one of the eight defendants (respondent) was accepted and the matter was remanded to the Trial Court giving permission to the respondent to cross-examine upon the seven witnesses produced by her (petitioner)---Validity---Record revealed that after framing of the issues the statement of three witnesses of the plaintiff were recorded, thereafter, right of one defendant to cross-examine the said witnesses was closed whereas ex-parte proceedings were initiated against five defendants, all the said six defendants were other than the respondent---On next date of hearing, in the presence of the counsel for petitioner/plaintiff, the respondent and another defendant, the case was adjourned for recording of remaining evidence of the plaintiff---On the date fixed, counsel of respondent /defendant was present but the case was adjourned; on the next date, in presence of the counsel for respondent /defendant the statements of three witnesses of the petitioner / plaintiff were recorded but no opportunity was given to respondent for cross- examination upon the witnesses of the plaintiff whereas neither any ex-parte order was passed against it nor penal provision under O.XVII, R.3 of C.P.C was invoked against respondent /defendant and case was adjourned---Trial court had not passed any order for closing the right of respondent for cross-examination, whereas the Trial Court was under obligation to require the adverse party to cross-examine the witness which shows existence of a serious flaw in trial proceeding as the right of cross-examination on the witnesses of adverse party is a kind of fundamental right which can not be frustrated on the basis of mere technicalities rather fair opportunity should have been afforded but this fundamental right had been circumvented without any justiciable reason which renders the order of the Trial Court as illegal and erroneous in nature, which has rightly be reversed by the Appellate / District Court---No illegality, material irregularity or jurisdictional defect had been identified /noticed in the impugned remanding order passed by the Appellate / District Court---Revision was dismissed, in circumstances.

Mst. Nusrat Bibi vs Defence Housing Authority S — 2025 YLR 2794 LAHORE-HIGH-COURT-LAHORE

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