Law: Civil Procedure Code (V of 1908)

Section: O.XVIIR.3,S.12(2)

Law: Constitution of Pakistan, 1973

Section: 199

(a) Civil Procedure Code (V of 1908)--- ----O. XVII R. 3 & S. 12(2)---Constitution of Pakistan, Art. 199---Constitutional petition---Petitioner had filed an application under S.12(2), C.P.C.---Petitioner sought summoning of a witness through process of court, however her evidence was closed under provisions of O.XVII R. 17, C.P.C.---Validity---When the petitioner herself mentioned her name in the list of witnesses, then it was the duty of Trial Court to have asked petitioner to record her own evidence and in case of her failure/neglect/refusal to do the same, the impugned order could have been passed---Mere request of petitioner regarding absence of other evidence of the petitioner should not have been made the sole ground for striking off her defence under O. XVII R. 17 C.P.C. when otherwise she had examinal four witnesses in support of her plea---High Court directed Trial Court to give opportunity to the petitioner to record her statement---Constitutional petition was allowed, in circumstances. (b) Administration of justice--- ----Cases should be decided on merits and for safe administration of justice, courts were under legal obligation not to knock out parties strictly on procedural and technical grounds alone---Courts of law do not offer a helping hand to any party to his/her case to success, but then there were certain down-trodden, dispossessed,handicapped and weaker sections of society to whose rescue the process of law must come forth---Given the parameters of law, nobody should simultaneously bepermitted to take liberty with the process itself. THIS JUDGMENT DELIVERED BY: QAISER RASHID KHAN, JUSTICE:---.--- Brief and essential facts leading to the instant petition are that petitioner, namely, Mst. Shamshad Begum, had filed an application under section 12(2), C.P.C. before the learned Civil Judge Ghazi challenging the validity of judgment and decree in Suit No.2/1 decided on 11-5-2005 on the grounds of fraud, misrepresentation and being without jurisdiction. She also prayed for suspension of the execution proceedings. The respondents/defendants contested the application by filing replication thereto and from the pleadings of the parties necessary…

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