Law:

Section:

Keywords: Premises, Certificate, Order, Dispute, Prejudicial, Alteration, Examination, Material Facts, Provisions, Illegal, Notice, Summons, Office, Copy, Trial Court, Possession, Prejudice, Discretion, Magistrate, Criminal Trespass, Place, Evidence, Land, Cross-Examination, Procedure, Forgery, Defence, Records, Prosecution, Determination, Order Of Dismissal, Dissolution, Change Result: Reference allowed JUDGMENT This reference involves the construction of the provisions of section 540 of the Criminal Procedure Code. The material facts are that the first respondent and the father of the second respon­dent had entered into a written deed of a partnership on 31st August 1963. The father of the second respondent was entitled to terminate the Partnership by 15 days' notice and in the events that happened, the Partnership had been terminated. There is a Deed Dissolution dated 21st May 1964, but there is a dispute about it and it is alleged that this deed is a forgery. The Partner­ship business was carried on in a building known as Fadoo building on Bunder Road, Karachi. According to the second respondent, although on the dissolution of the partnership, the first respondent had lost all right and interest in these premises, he took illegal possession of these premises on 30th May 1964, therefore on his father's behalf he filed a complaint against the first respondent for criminal trespass under section 448, P. P. C. being Criminal Case No. 303 of 1965. I have also to observe here that the second respondent's father has filed a suit for rendition of accounts against the first respondent which is pending in the Court of the First Civil Judge, Karachi. In the events that happened, Criminal Case No. 303 of 1965 against the first respondent came up for hearing before Mr. Muhammad Khan Junejo, S. D. M., Karachi who recorded the examination-in-chief, and the cross-examination of the second respondent's father on 6th January 1966, and 27th January 1966, respectively. On 13th February 1966, the second respondent applied for a copy of his father's evidence, and he received this copy on 24th February 1966. According to the second respondent his father's evidence had been…

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