Law: Specific Relief Act, 1877

Section: 12

Law: Constitution of Pakistan, 1962

Section: 199

Law: Civil Procedure Code (V of 1908)

Section: 17

Specific Relief Act, 1877 (I of 1877)-- ----S. 12--Constitution of Pakistan, 1973, Art. 199--Civil Procedure Code, (V of 1908), O.XVIII R. 17--Suit for specific performance--Application for framing of additional issue--Accepted--Application to re-cross-examination of plaintiffs witness--Dismissed--Civil revision--Dismissed--Framing of additional issue after recording of evidence--Vested right--Admittedly, Issue No. 3-A was framed after recording of examination and cross-examination on witnesses produced by Respondent No. 1/plaintiff--Mere recording of statement of counsel for Respondent No. 1/plaintiff with regard to relying on earlier recorded evidence does not prevent petitioner/defendant from conducting cross-examination on witnesses in Issue No. 3-A, which was framed later on--Courts below have misconstrued law on subject and have failed to exercise vested jurisdiction in accordance with law while passing impugned orders--Trial Court ought to have allowed application for cross-examination on witnesses of Respondent No. 1/plaintiff only to extent of Issue No. 3-A instead of declining application filed by petitioner because petitioner/defendant cannot be deprived of his vested right in this regard--Petition was allowed. ORDER C.M. Wo. 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 26.10.2015, the Respondent No. 1/plaintiff through his counsel stated that the plaintiff would not lead any further evidence in favour of additional issue. The petitioner/defendant filed an application to re-cross examine the plaintiffs witnesses on Issue No. 3-A.…

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