Law: Constitution of Pakistan 1973

Section: 199

Law: Code Of Civil Procedure, 1908.

Section: 1, 2, 3, 6(1)(a), 35-A, 26-A

 Summary

The petitioner challenged the trial court's order striking off his right to cross-examine a plaintiff's witness after he repeatedly failed to appear on three consecutive hearing dates. He argued that the trial court had previously granted several adjournments to the plaintiffs and, therefore, acted unfairly by denying him another opportunity.

The Islamabad High Court dismissed the writ petition, holding that the trial court had acted within its powers under Order XVII Rules 2 and 3 CPC. Since the petitioner remained absent despite repeated opportunities and a clear warning, the trial court rightly struck off his right to cross-examine that particular witness. The High Court emphasized that supervisory jurisdiction under Article 199 of the Constitution is limited to correcting jurisdictional errors, illegality, or material irregularity and cannot substitute the trial court's discretionary orders merely because another view is possible.

The Court also issued important guidelines for trial courts, recommending the use of escalating adjournment costs before resorting to severe procedural penalties such as closing evidence or striking off the right of cross-examination, in order to reduce unnecessary delays and litigation.