| Citation(s) |
|---|
| 1992 SLG 756 1992 SLD 756 1992 CLC 945 |
Lahore High Court
Writ Petition No. 6072 of 1990, heard on 18th September, 1991
ABDUL MAJID TIWANA, J
Mushtaq Mehdi Akhtar for Petitioner. Nemo for
Respondents
Writ Petition No. 6072 of 1990, heard on 18th September, 1991
ABDUL MAJID TIWANA, J
Mushtaq Mehdi Akhtar for Petitioner. Nemo for
Respondents
MUHAMMAD RAFI
VS
MUNICIPAL COMMITTEE, WAZIRABAD and others
Law:
Section:
(a) Civil Procedure Code (V of 1908)--- ----Ss. 151 & 153---Scoring out words from the statement of a witness which had been inserted subsequently in such statement by way of interpolation--Court's competence---Court was the best judge to decide whether or not the words in question, had been subsequently added by some one in the statement of witness written by such Court during course of recording evidence in the suit pending in Court; and if in Court's opinion such words were, at some subsequent stage inserted in the statement of witness by way of interpolation, then the Court would have to be believed. (b) Administration of justice--- -----of judicial record being a serious matter not only the Trial Court concerned, but also the District Judge should have taken serious notice of it had come to his knowledge---To resolve such controversy with a view to avoid its effects on the rights of parties, concerned witness could be resummoned and re-examined with the help of relevant record to ascertain the real position because such witness could not say anything against or beyond the entries thereof, and it should be done by the Trial Court, who was directed to decide the case, after re-examining him, without waiting for the orders or decision of Board of Revenue in some matter, which Trial Court was not supposed to await. JUDGMENT Muhammad Rafi petitioner, who is plaintiff in Suit~No.302 of 1987, pending in the Court of Civil Judge, Wazirabad, against Municipal Committee, Wazirabad, by this writ petition calls in question the order, dated 10-6-1990, passed by the learned Additional District Judge, Gujranwala (respondent No.2), affirming the order, dated 28-2-1989, whereby Civil Judge. Wazirabad (respondent No.3) had scored out the words from the statement of Fateh Muhammad (P.W.4) for the reason that the same had not been written by him and they were subsequently added in his statement by some one by way…
Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492