| Citation(s) |
|---|
| 2015 SLG 2779 2015 SLD 2779 2015 PLJ 273 |
Lahore High Court
W.P. No. 17683 of 2014, decided on 30.9.2014.
MUHAMMAD FARRUKH IRFAN KHAN, J.
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W.P. No. 17683 of 2014, decided on 30.9.2014.
MUHAMMAD FARRUKH IRFAN KHAN, J.
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MUHAMMAD NASIR IQBAL KHAN
VS
BEGUM NAEEMA KHANUM (deceased) through her Legal Representatives and others--Respondents
Law:
Section:
Constitution of Pakistan, 1973-- ----Art. 199--Constitutional petition--Request to confront receipt exhibited in statement was turned down--Challenge to--Interlocutory order against writ petition was not maintainable--Confront receipts had neither issued receipts nor bear signatures--Validity--It is settled principle of law that only that document can be put in cross-examination to a witness who had executed same or it bears his signature--In absence of any such eventuality, Rent Tribunal rightly declined petitioner to confront said documents and while doing so it has not committed any illegality or irregularity calling for interference by High Court in its constitutional jurisdiction--Petition was not maintainable against an interlocutory order. [P. 275] A, B & C PLD 2009 SC 45 & 1990 SCMR 1165, ref. Order The petitioner is aggrieved of the order of the learned Rent Tribunal dated 14.06.2014 whereby his request to confront various receipts to RW2 duly exhibited in the statement of AW4 was turned down. 2. Learned counsel for the petitioner submits that the learned Rent Tribunal erred in law while passing impugned order; that the receipts which were exhibited in the statement of AW4 were allegedly issued in the presence of RW2, therefore, in order to determine veracity thereof, it was necessary to confront the same to the said witness; that in order to prove the payment of rent, the petitioner is required to prove said receipts, otherwise, he shall suffer irreparable loss; that the learned Rent Tribunal without adverting to this aspect of the matter passed the impugned order which is not sustainable in the eye of law. 3. Conversely, learned counsel for respondents submits the impugned order is an interlocutory order against which writ petition is not maintainable; that the person to whom the petitioner wishes to confront various receipts had neither issued the said receipts nor the same bear his signatures…
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