2009 PLP 1795 (YLR)
MARGALLA EDUCATION TRUST — Petitioner Versus Dr. Col. (Retd.) M. AFZAL KIANI — Respondent
| Citation | 2009 PLP 1795 (YLR) |
| Forum / Court | Lahore |
| Bench Members | M.A. Zafar, J |
| Parties | MARGALLA EDUCATION TRUST — Petitioner Versus Dr. Col. (Retd.) M. AFZAL KIANI — Respondent |
| Primary Law | Specific Relief Act (I of 1877) |
Q1: What are the key laws and sections cited in 2009 PLP 1795 (YLR)?
This judgment primarily cites: Specific Relief Act (I of 1877) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2009 PLP 1795 (YLR)?
The case was heard and decided by the Lahore bench comprising: M.A. Zafar, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2009 PLP 1795 (YLR) (MARGALLA EDUCATION TRUST — Petitioner Versus Dr. Col. (Retd.) M. AFZAL KIANI — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Abdur Rashid Awan for Petitioners.
- Abi Waqas Tariq for Respondent No.1.
Headnotes / Summary
Ss.42 & 55
Qanun-e-Shahadat (10 of 1984), Art.133
Constitution of Pakistan (1973), Art.199
Constitutional petition
Suit for declaration and mandatory injunction
Closing the right of cross-examination of defendant
Trial Court, after framing the issues, fixed the case for producing evidence by the plaintiff
Statement of the plaintiff was recorded as his own witness and case was adjourned for his cross-examination
On certain dates said witness, appeared for cross-examination, but matter was adjourned at the, request of the defendant for one reason or the other; and ultimately Trial Court closed right of cross-examination of defendant in respect of said witness
Defendant did not challenge said order by filing the revision petition, but filed review application before the Trial Court, which was dismissed
Feeling aggrieved from said order passed by the Trial Court, defendant filed revision petition, before Appellate Court which was dismissed
Parties had agreed that one opportunity could be given to defendant to cross-examine witness/the plaintiff subject to payment of heavy cost
Impugned orders - passed by the Trial Court and Appellate Court were set aside closing the right of defendant to cross-examine the witness
One opportunity was however granted to defendant to cross-examine the witness.
Judgment & Decree
M.A. ZAFAR, J.
Respondent filed a suit for declaration and mandatory injunction which is pending in the Court of learned Civil Judge, Rawalpindi. Petitioner entered appearance and filed written statement and the learned. Trial Court after framing the issues fixed the case for plaintiff/respondent No.1's evidence. On 10-10-2005 plaintiff's statement was recorded as P.W. and case was adjourned for his cross-examination. On certain dates the said witness appeared for his cross-examination but the matter was adjourned at the request of the appellant/defendant for one reason or the other and ultimately the learned Civil Judge vide orders dated 6-3-2007 closed the right of cross-examination of the petitioner in respect of the said witness.
2. That the petitioner did not challenge the order dated 6-3-2007 by filing the revision petition but opted to file review application before the learned Civil Judge which was dismissed by him vide orders dated 2-5-2008.
3. Feeling aggrieved from the aforesaid order passed by the learned Civil Judge, Rawalpindi petitioner filed a revision petition which was finally decided by the learned Additional District Judge, Rawalpindi who vide orders dated 2-8-2008 was pleased to dismiss the same.
4. Learned counsel for the parties addressed the arguments at some length in support of their respective contentions and thereafter it was agreed between the parties that one opportunity may be given to the petitioner to cross-examine P.W.1 Dr. Col. (Retd.) Mr. Afzal Kiani subject to payment of heavy cost.
5. In view of the 'statement made by the learned counsel for the respondent No.1 the impugned orders dated 2-5-2008 and 2-8-2008 passed by the learned Civil Judge, and the Addl: District Judge, Rawalpindi respectively against closing the right of the petitioner to cross-examine the plaintiff/ P.W.1 are set aside subject to payment of Rs.5,000 as' costs and the petitioner/ defendant is only given one opportunity to 6. cross-examine respondent No.1/plaintiff. The parties are directed to appear before the learned trial Court on 20-12-2008 on the said date respondent No.1 should be available for his cross-examination by the other side. H.B.T./M-174/L Order accordingly.