SCMR 1991

1991 PLP 1147 (SCMR)

AL-QASIM TRADERS — Petitioner Versus HABIB BANK LIMITED, MULTAN — Respondent

Jurisdiction / Court
High Court
Decided Date
Civil Petition for Leave to Appeal No.528-R of 1989, decided on 26th March, 1990.
Honorable Judges
Muhammad Afzal Zullah, CJ. and
Case Reference Summary (AEO Optimized)
Citation 1991 PLP 1147 (SCMR)
Forum / Court High Court
Bench Members Muhammad Afzal Zullah, CJ. and
Parties AL-QASIM TRADERS — Petitioner Versus HABIB BANK LIMITED, MULTAN — Respondent
Primary Law Civil Procedure Code (V of 1908)
💡 Quick Legal QA & Summary / سوال و جواب خلاصہ
Q1: What are the key laws and sections cited in 1991 PLP 1147 (SCMR)?

This judgment primarily cites: Civil Procedure Code (V of 1908) as referenced in Pakistani case law index.

Q2: Which judicial bench decided the case 1991 PLP 1147 (SCMR)?

The case was heard and decided by the High Court bench comprising: Muhammad Afzal Zullah, CJ. and.

Q3: What is the official citation format for this judgment on Pakistan Law Portal?

Cite this legal precedent as: 1991 PLP 1147 (SCMR) (AL-QASIM TRADERS — Petitioner Versus HABIB BANK LIMITED, MULTAN — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.

Laws Cited

Civil Procedure Code (V of 1908)

Representation

  • Raja Muhammad Akram, Advocate Supreme Court and Manzoor Ilahi, Advocate-on-Record for Petitioner.
  • Nemo for Respondent.
  • Date of hearing: 26th March, 1990.
  • Raja Muhammad Akram, Advocate Supreme Court and Manzoor Ilahi, Advocate‑on‑Record for Petitioner.

Headnotes / Summary

(On appeal from the order dated 26-7-1989 of the Lahore High Court, Multan Bench, Multan, in COS 1 of 1988).

O. XXVI, R.2

Constitution of Pakistan (1973), Art. 185(3)

Examination of witnesses on commission

High Court as original Trial Court for adjudication of dispute regarding recovery of money, dismissed petitioner's application for examination of certain witnesses on commission

Leave to appeal

Petitioner admitted that distance of places wherefrom witnesses were to be summoned from the seat of Court where trial was taking place was hardly about two hours and one hour air journey respectively

Discretionary order passed by High Court refusing the facility of examination of witnesses on commission was neither against any law nor principle

Leave to appeal refused in circumstances.

Judgment & Decree

(On appeal from the order dated 26‑7‑1989 of the Lahore High Court, Multan Bench, Multan, in COS 1 of 1988). ‑‑‑‑O. XXVI, R.2‑‑‑Constitution of Pakistan (1973), Art. 185(3)‑‑‑Examination of witnesses on commission‑‑‑High Court as original Trial Court for adjudication of dispute regarding recovery of money, dismissed petitioner's application for examination of certain witnesses on commission‑‑‑Leave to appeal‑‑‑Petitioner admitted that distance of places wherefrom witnesses were to be summoned from the seat of Court where trial was taking place was hardly about two hours and one hour air journey respectively‑‑‑Discretionary order passed by High Court refusing the facility of examination of witnesses on commission was neither against any law nor principle‑‑‑Leave to appeal refused in circumstances. Raja Muhammad Akram, Advocate Supreme Court and Manzoor Ilahi, Advocate‑on‑Record for Petitioner. Nemo for Respondent. Date of hearing: 26th March, 1990. MUHAMMAD AFZAL ZULLAH, C.J.‑‑‑This petition for leave to appeal is directed; against an interim order by the High Court acting as original trial Court for adjudication of a dispute regarding recovery of money. By the impugned order the High Court has dismissed the application of the petitioner for examination of certain witnesses on commission. Learned counsel stated that the witnesses are from Karachi and Lahore. He admits that the distance of both the places from the seat of the Court where trial is taking place is hardly about 2 hours and one hour air journey, respectively. In the circumstances of the case the discretionary order passed by the High Court refusing the facility of examination of witnesses on commission to the petitioner is neither against any law nor principle. Leave to appeal, accordingly, is refused. AA./A‑748/S Leave refused.