Law:

Section:

Civil Procedure Code (V of 1908)--- ----O.XVIII, R.17 & O.XIV, Rr.1, 5---Suit for specific performance---Hearing of the suit and examination of witnesses---Framing of additional issue--- Cross-examination/examination of already examined witnesses---Application of defendant/petitioner for cross-examination of already examined witnesses, to the extent of an additional issue framed, was declined by Trial Court---Validity---Under O. XVIII, R.17, C.P.C., Trial Court could summon any witness for examination or cross-examination even if the said witness was already examined---Additional issue, in the present case, was framed after recording of examination and cross-examination on the witnesses produced by the plaintiff and mere recording of statement of plaintiff with regard to reliance upon earlier recorded evidence did not prevent the defendant from conducting cross-examination on witnesses on the said additional issue, which was framed later on---Framing of the additional issue had opened a new horizon for the parties, therefore, Trial Court should have allowed the application for cross-examination of witnesses to the extent of the additional issue---Impugned orders were set aside, and application of defendant for cross-examination of witnesses to the extent of the additional issue, was allowed---Constitutional petition was allowed, accordingly. Saleem Jan alias Salman Khan v. Abdul Manan and 2 others 2009 MLD 1127 rel. THIS ORDER PASSED BY: SHAHID BILAL HASSAN, JUSTICE:--- .--- C.M. No. 662 of 2017. This is an application for documenting the main writ petition. Relying on the contents of this application, supported by affidavit and no objection from learned counsel representing the petitioner, this application is allowed subject to all just and legal exceptions. Main Case. Precisely, the respondent No. 1 instituted a suit for specific performance against the present petitioner. During pendency of the suit, the petitioner/defendant filed an application for framing an additional issue, which was accepted being conceded by the respondent No. 1/plaintiff and said issue was framed as issue No. 3-A by the learned Trial Court vide order dated 14.07.2015. On…

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