Law: Civil Procedure Code (V of 1908)

Section: XVI,19,20,21

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

Section: 131

Law: Specific Relief Act (I of 1877)

Section: 42

(a)    Civil Procedure Code (V of 1908)-------O. XVI, Rr. 19, 20 & 21---Qanun-e-Shahadat (10 of 1984), Art. 131 ---Specific Relief Act (I of 1877), S. 42---Suit for declaration---Opposing party to be produced as own witness---Scope---Plaintiffs made attempt to produce one of the defendants ('defendant-in-question') as a Plaintiff' Witness (P.W.); the objection against it did not sustain with the Civil Court which passed the order against the defendants, however, District Court set-aside said the order---Validity---Perusal of the order of the Civil Judge shows that it was perfunctory which was passed without application of judicial mind, as the objection was declined simply for the reason that respondent could not produce any legal precedent, not realizing that it was the duty of court to decide the points raised before it in accordance with law and this duty could not be declined to be exercised for the reason that proper assistance was wanting---District Court, after examining the whole case, observed that defendantin-question was a rival party against whom the allegations of breach of alleged rights claimed by the petitioner/plaintiff were raised in the plaint and that having been arrayed as defendant, he could not possibly be produced as a witness of plaintiff---Since no specific reason or explanation has been given for producing defendant-in-question as a witness by the petitioner/plaintiff, the District Court justifiably interfered with the order of the Civil/Trial Court and set it aside and in doing so no error of law was committed---Revision petition was dismissed, in circumstances.(b)    Civil Procedure Code (V of 1908)-------O. XVI, Rr. 19, 20 & 21---Qanun-e-Shahadat (10 of 1984), Art.131 ---Specific Relief Act (I of 1877), S. 42---Suit for declaration---Opposing party to be produced as own witness---Scope---Oral gift---Proof---Plaintiffs made attempt to produce one of the defendants ('defendant-in-question') as a Plaintiff' Witness (P.W.); the objection against it did not sustain with the Civil Court which passed the order against the defendants , however, District Court set-aside the said…