Law:

Section:

(a) Civil Procedure Code (V of 1908)-------0.X, Rr:2, 3 & O.XLIX, R.3---Application for permission to cross-examine defendant on the contents of his counter-affidavit for purpose of establishing truth of the matter and ascertaining real controversy involved in the case--­Order X, R.2, C.P.C. empowers a Court at stage of hearing or at any subsequent stage to orally examine any party appearing in person or present in Court of any person able to answer any material question relating to suit; Court is also empowered to put him questions during such examination---High Court while exercising original civil jurisdiction, however, was not required to reduce in writing substance of examination as provided in O.X, R.3, C.P.C.---Plaintiff (purchaser) had not specifically stated in his application as to what were material questions upon which examination of defendant was required which was necessary for purpose of ascertaining real matter in controversy ---Neither plaintiff had pointed out any specific contradictions and ambiguity in affidavit of defendant nor in the affidavit of owner (defendant) which might entitle him for grant of his application---If such applications were granted that would amount to holding of mini trial within full-fledged trial---Plaintiff (purchaser) was, thus, not allowed to cross-examine defendant on his counter-affidavit. Col. D.I. Mac Pherson v. M.N. Appanna and another AIR 1951 SC 184; Shaukat Ali v. Secretary, Industries and Mineral Development, Government of Punjab, Lahore and 3 others 1995 MLD 123; Ch. Muhammad Hussain and another v. Hidayat Ali and 6 others NLR 1981 SCJ 460; Abdul Razak Adamjee and another v. Director-General, Karachi Development Authority 1995 MLD 803; Liqram v. Agar Das AIR 1967 Him. Pra. 29; Zafar Ahmad v. Mst. Hajran Bibi PLD 1986 Lah. 399; M. Ghulam Muhammad v. Custodian of Evacuee Property, Lahore and others PLD 1966 Lah. 953; Sh. Manzoor Ahmad and others v. Mst. Iqbal Begum and others 1989 SCMR 949; Shajar Ali Hoti v. Esmail Sobhani 1985 CLC 342; M/s. Saral Trading Co. and others v. M/s. Mahesh Steel Traders, New Delhi AIR 1987 Delhi 4; M/s. Urmila & Co. (Pvt.) Ltd. v. M/s. J.M. Baxi & Co. AIR 1986…

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