Law: Qanun-e-Shahadat (10 of 1984)

Section: 133

Qanun-e-Shahadat (10 of 1984) --------- ---------Art. 133 --------- Re-examination of a witness --------- Scope --------- Trial Court allowed examination of a witness as court witness who had already been examined --------- Validity --------- Witness who had been examined in the court could be re-examined --------- No provision existed to record evidence of such witness as 'court witness' --------- Impugned order was without any lawful justification which was set aside --------- Trial Court might re-examine the witness if it deemed appropriate --------- Opposite party should have right to cross-examine the said witness in that situation --------- Revision was accepted in circumstances. THIS JUDGMENT DELIVERED BY: MOHAMMAD GHAZANFAR KHAN JUSTICE:------------ Through the instant revision petition the learned counsel for the petitioner has challenged the validity and propriety of order dated 10.02.2015 passed by learned Civil Judge-VII D.I.Khan vide which the court has passed an order for recording the statement of steno of the court and Muhammad Zahid as CW. 2. Briefly stated facts of the case are that the PW Zahid has already been examined by the court as PW-10, he while deposing in the court has shown time as 11 O'clock on which the plaintiffs moved an application for correction of time instead of 11 O'clock to 9 O'clock as according to him it was a clerical mistake. This case has a chequered history as at preliminary stage this case has come twice to the High Court. Both times order of trial court was set aside and guideline was provided but once again the trial court repeated the mistake by allowing examination of Muhammad Zahid as CW whereas he has already been examined as PW-10 in the main…

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