Law: Qanun-e-Shahadat Order, 1984

Section: 133

Summary of Judgment

The petition challenged the order allowing the respondent to re-examine witnesses in a rent case. The petitioner argued that the re-examination would only serve to improve the respondent’s case and was unnecessary since there was no ambiguity in the cross-examination. The respondent’s counsel clarified that the re-examination would be strictly limited to clarifying matters arising from cross-examination and would not introduce new issues.

The Court interpreted Article 133 of the Qanun-e-Shahadat Order, 1984, which governs the order and scope of witness examination: examination-in-chief is mandatory, cross-examination is at the discretion of the adverse party, and re-examination is at the discretion of the party calling the witness. Re-examination is only for clarifying matters raised in cross-examination and does not require prior court permission unless new matters are introduced, in which case permission is required and the adverse party may cross-examine again.

The Court emphasized that the right to re-examination is unalienable and does not require an application if it remains within the scope of cross-examination. The petition was dismissed, but the Rent Controller was directed to ensure the re-examination strictly adheres to these legal parameters.