Law: Code Of Civil Procedure, 1908.

Section: 115

Law: Qanun-e-Shahadat Order, 1984

Section:

 Summary

The High Court allowed the civil revision and set aside the trial court’s order closing the petitioner/defendant’s right to cross-examine the respondent’s witnesses. It was held that the impugned order suffered from misreading and non-reading of record, as the respondent’s witnesses were not present on the date when cross-examination was closed, making their attendance a condition precedent for such closure. The trial court acted in haste, improperly exercised jurisdiction, and curtailed the petitioner’s valuable statutory right of cross-examination, resulting in miscarriage of justice.

Tag Line 

Right of cross-examination cannot be closed unless witnesses are present in court; penalizing a party for the default of the opposing party amounts to misreading of record and improper exercise of jurisdiction.

ORDER;