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

Section: 132,133

Qanun-e-Shahadat (10 of 1984)---Arts. 132 & 133---Non-adverse party---Cross-examination, right of---Dispute was with regard to deleting cross-examination conducted by petitioner/defendant on a witness produced by respondent/co-defendant on the plea that both were not adverse parties---Validity---Only such party, which had obvious conflict of interest, could enjoy right of cross-examining witness of opponent parties---In the present case, interest of petitioner/defendant and that of respondent/co-defendant was the same and there was no conflict of interest between them, thus an opportunity of cross-examination to witnesses of respondent/co-defendant having no adverse interest to each other could not be given in order to prevent abuse of process of law as well as to prevent filling up lacunas occurring in the statement of witness through the sword of cross-examination---Lower Appellate Court did not commit any illegality in exercise of revisional jurisdiction---Constitutional petition was dismissed, in circumstances. Barkat Ali v. Additional District Judge Dadyal and 4 others 2022 YLR 868; Muhammad Imran Khan and 4 others v. Haji Muhammad Akhtar and others PLD 2021 Sindh 510; Sadhu Singh v. Sant Narain Singh Sewadar and others AIR 1978 Punjab and Haryana 319 and Muhammad Khan and 6 others v. Mst. Ghulam Fatima and 12 others 1991 SCMR 970 rel. JUDGMENT CH. MUHAMMAD IQBAL, J.---Through this petition under Article 199 of the Constitution of the Islamic Republic of Pakistan, 1973, the petitioner has challenged the validity of judgment dated 12.11.2022 passed by the learned Additional District Judge, Lahore who accepted the revision petition of respondents Nos.1 and 2/plaintiffs, set aside the order dated 07.04.2022 passed by the learned Civil Judge, Lahore and struck off cross-examination conducted upon DW3 to DW5 by the learned counsel for the petitioner as well as respondent No. 4. 2. Brief facts of the case are that Arfeen Ejaz etc. respondents Nos.1 and 2/plaintiffs filed a suit for declaration with permanent injunction against the petitioner and respondents Nos.3 to 6/defendants in respect of plot No.12-C, Gulshan Ravi Scheme, Lahore with the claim that the…

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