| Citation(s) |
|---|
| 1975 SLG 3072 = 1975 SLD 3072 = 1975 PLD 1 |
Quetta High Court
Regular Second Appeal No. 9 of 1969, decided on 10th September 1974.
Presented By: Agha Ali Hyder, J
Manmohandas and others v. Mt. Ramdei and another A I R 1931 P C 175 and Vasumal Valiram v. Karamchand Manghanmal and others A I R 1911 Sind 41 ref. Rais Dur Muhammad and another v. Takari Abdul Hamid and 8 others P L D 1971 Quetta 93 held not applicable. Munawar Ahmed for Appellant. Muftakhairuddin for
Respondents. S. H. Jafri : Amicus curiae.
Regular Second Appeal No. 9 of 1969, decided on 10th September 1974.
Presented By: Agha Ali Hyder, J
Manmohandas and others v. Mt. Ramdei and another A I R 1931 P C 175 and Vasumal Valiram v. Karamchand Manghanmal and others A I R 1911 Sind 41 ref. Rais Dur Muhammad and another v. Takari Abdul Hamid and 8 others P L D 1971 Quetta 93 held not applicable. Munawar Ahmed for Appellant. Muftakhairuddin for
Respondents. S. H. Jafri : Amicus curiae.
Maulvi ABDUL HAMEED-Defendant-Appellant
VERSUS
SABZAL AND ANOTHER-Plaintiff's-Respondents
Law: Civil Procedure Code (V of 1908)
Section: O. XVIII
Law: Establishment of West Pakistan Act, 1955
Section: 2, 10
Law: Central Laws (Statues Reforms) Ordinance (XXI of 1960)
Section: 2
Law: Evidence Act (I of 1872)
Section: 138
(a) Court, duty of Law applicable on admitted or proved facts-Has to be given effect to, by Court, whether or not relied upon by a party. Dost Muhammad and another v. Rais Satik and another P L D 1962 Quetta 82 and Haji Abdullah Khan and others v. Nisar Muhammad Khan and others P L D 1965 S C 690 ref. (b) Civil Procedure Code (V of 1908) O. XVIII read with Establishment of West Pakistan Act, 1955, Ss. 2 & 10 and Central Laws (Statute Reforms) Ordinance (XXI of 1960), S. 2-Application of Civil Procedure Code, 1908 to Kalat region-Extended by Act of 1955 and Ordinance XXI of 1960 Dastur-ul-Amal Diwani Kalat not being expressly repealed, result antly stood repealed so far as corresponding to provisions of Central Act or Ordinance, leaving established jurisdiction, practices and procedures to continue-Re-enacted procedural law in former areas of Kalat : Civil Procedure Code, 1908, plus Dastur-ul-Amal Diwani minus its parallel provisions in Civil Procedure Code, 1908-Hearing of suit and examination of witnesses in Kalat-To be done according to O. XVIII of Code of Civil Procedure, 1908. Dost Muhammad and another v. Rais Satik and another P L D 1962 Quetta 82 and Mir Said Muhammad and another v. Mir Chakar and 6 others P L D 1973 Quetta 43 ref. (c) Evidence Act (I of 1872) S. 138 and Civil Procedure Code (V of 1908), O. XVIII read with Establishment of West Pakistan Act, 1955, Ss. 2 & 10 and Central Laws (Statute Reforms) Ordinance (XXI of 1960), S. 2--Evidence Act, 1872-Applicable to Kalat region in trial of suits-Qazi recording joint statement of respondents before framing issues and recording statement of appellant same day-Recording of joint statement irregular and recording of statement of appellant, though approximating to procedure under O. X, r. 2 of C. P. C. yet not evidence and no substitute for regular examination-Parties, in circumstances, held, not examined at all-Witnesses also not cross-examined as required by Evidence Act, 1872-Adjudication of suit, held, made in flagrant disregard of pro visions of Civil Procedure Code, 1908 and Evidence Act,. 1872 vitiating entire proceedings-Original and appellate judgments and decrees set aside and case…