Case Details

Citation(s)
1996 SLG 1551 1996 SLD 1551 1996 CLC 1896
Lahore High Court
Writ Petition No. 1227-F of 1996, decision dated: 12th.June, 1996
MUHAMMAD AQIL MIRZA, J
Malik Ghulam Farid for Appellant

MUHAMMAD MURAD-

VS

ADDITIONAL DISTRICT JUDGE and others

Law:

Section:

West Pakistan Family Courts Act (XXXV of 1964)-------S. 14---Constitution of Pakistan (1973), Art. 199---Constitutional petition--­Summoning specified person as witness in suit by Trial Court in its discretion--­Validity---Trial Court during trial of suit found it necessary to summon specified person as witness for just decision of case---Such discretionary interlocutory order passed by Trial Court even if it was amenable to appeal could not be set aside in Constitutional jurisdiction of High Court under Art. '199 of the Constitution---Discretionary order passed by competent Court, unless same was patently perverse or fanciful cannot be interfered with by High Court in Constitutional jurisdiction---Order in question was maintained in circumstances. Yasmin Zafar v. Muhammad Anwar Khan and others PLD 1989 Lah 38 ref. ORDER This application for dispensing with certified copies of the documents is allowed. Main Case. 2. Mst. Sharifan filed a suit for jactitation of marriage that she is not the wife of Murad. She made an application before the trial Court that Mashooq Khan who is her earlier husband may be summoned as a witness so that it may be ascertained as to how did she obtain divorce from him. The learned trial Court came to the conclusion that evidence of this witness was necessary for proper decision of the case and it was, therefore, directed that he be summoned as a court-witness. Aggrieved by this…
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