Law:

Section:

(a) Financial Institutions (Recovery of Finances) Ordinance (XLVI of 2001) -- S.7 Constitution of Pakistan (1973) Art.199 Constitutional petition Summoning of plaintiffs' witness for further cross¬ examination Plaintiffs' allegation in the plaint was that defendant Bank had obtained their signatures on blank documents Plaintiffs produced an employee of Bank, who produced on record eight documents executed by them in respect of facility availed from Bank Both plaintiff and Bank cross¬ examined the witness Plaintiffs appeared as witness and after acknowledging his signatures on such documents deposed that those were signed in blank Bank employee being a witness to such documents, Bank filed application for summoning him for cross examination in order to ascertain, whether all such documents were duly filed in or were blank when signed ¬ Banking Court rejected the application Validity Only suggestion put to the witness was in respect of memorandum of deposit of title deed, which he denied by deposing that the same was incomplete when signatures were obtained on it No such suggestion was put in respect of the other exhibited document thus, there was no occasion for the Bank to put any suggestion to the said witness on the issue as to whether or not all exhibited documents were incomplete Occasion for such question had arisen on a subsequent date, when the plaintiff testified that all exhibited documents were signed by him in blank In sequence of such events, it was the night of Bank to summon the other person being a witness to such documents to prove that those had not been signed in blank Bank was not debarred from producing the said person as their witness even though he had earlier appeared Bank would be entitled to produce their said employee on next date of hearing Constitutional petition was disposed of with such direction. Ahsan Ilahi v. Messrs Habib Bank Ltd. 1981 SCMR 336 rel. (b) Pleadings Plaint by itself did not prove the assertions made therein, rather the contents thereof had to be proved through testimony given on oath subject to cross examination by other side. (c) Qanun e Shahadat (10 of 1984) - Art. 119 Burden of proof alleged that defendants had…

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