Law: Code Of Civil Procedure, 1908.

Section: 115,XVII Rule 3

Law: Constitution of Pakistan, 1973

Section: 10A

REMARKS

Sections of law;- 115 C.P.C.
(a) Provision of Order XVII Rule 3 C.P.C and its non-compliance in the form of penal consequences.
(b) Where evidence of one party is being recorded, then in that eventuality, the opposite side must be given reasonable opportunity to put-forward his/her evidence.

Summary:Cross-examination Rights
Petitioners/defendants challenged an order by the trial court that struck off their right to cross-examine the plaintiff’s witnesses due to the non-availability of their counsel on the hearing date. The trial court invoked Order XVII Rule 3 CPC to proceed despite their absence, but did so without granting any prior notice or opportunity for the petitioners to arrange counsel. The High Court found this action premature and violative of natural justice and the constitutional right to a fair trial. The order was set aside and the petitioners were allowed to cross-examine the witnesses with directions to complete the trial fairly and timely.