Law:

Section:

(a) Discretion--- --- Where merits permit, discretion must always be governed by principles calculated to secure ends of justice. (b) Qanun-e-Shahadat (10 of 1984)--- ---- Arts. 30 & 132---Civil Procedure Code (V of 1908), O.XIX, R.2 & OXXXIX, Rr. 1 & 2 --- Interlocutory proceedings --- Plaintiff's application for cross; examination of defendant's attorney in relation to his averments made before Court and his earlier averments made before a foreign Court --- Remedy. Where a fact was admitted in one forum or at one time and disputed at another the effect could be dealt with in accordance with the concept of admissions and, for such purpose, even in interlocutory proceedings, unless the factum of admission was not denied, cross-examination would be warranted and called for. However if a position at law was taken at a particular point of time or place or forum which was different from what was said or done at a previous time or at another place or in a particular forum, that being a question of law alone, would not, in itself, warrant any undue dissertation or elaboration, since an admission of law does not conclusively and for all times and places bind a person. At any event, as to the factum of inconsistent pleas in the Court in England and here the contradiction was not denied by the defendant, with what consequence being another matter. The question involved with reference to averment in foreign Court being a purely legal matter no useful purpose would be served by permitting the cross-examination. (c) Waiver--- --- Legal objection would not get foreclosed merely because of having been waived in another set of proceedings or even at some stage in the same proceedings, there being no estoppel against law. (d) Estoppel--- ---- No estoppel against law. (e) Jurisdiction--- ---- No amount of consent can confer jurisdiction where none at law exists. (f) Contempt of Court--- ---- Jurisdiction --- Where matter related to contempt of Court, question of jurisdiction was to be decided first because contempt being of a criminal or at least a quasi-criminal genus, before imposing any punishment, Court seized of the matter of contempt must first be satisfied…

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