Law: Qanun-e-Shahadat (10 of 1984)

Section: 15,142,143,161

Law: Qanun-e-Shahadat (10 of 1984)

Section: 15,142,143,161

Law: Pakistan Penal Code, 1860

Section: 180

Specific Relief Act (I of 1877)-------S. 12---Penal Code (XLV of 1860), S.180---Suit for specific performance of agreement---Refusal of witness to sign his recorded statement---Case was fixed for the evidence of the plaintiff and Notary Public appeared before the court as witness and got recorded his statement regarding attestation of agreement in question---After recording his statement said witness refused to sign on his recorded statement due to the reason that he was not summoned by the court and that he was brought before the court by the plaintiff---Trial Court, after denial of witness to sign his statement, signed the said recorded statement of witness and merely wrote a note regarding refusal of witness in order-sheet on the recorded statement---Held, it was incumbent upon the court to order the witness to sign on his recorded statement and if he disobeyed the order of the court then the court was to adopt the procedure according to law, which had not been adopted by the Trial Court---Witness was legally bound to sign on his deposition and the Trial Curt was legally competent to order the witness to sign because the statement made by the witness had been read over to him and he had admitted it to be correct and signed by the court---On refusal to sign it, the witness would be guilty of offence under S.180, P.P.C.---Validity of the statement of witness was not doubted in any way because it had been signed by the court---Impugned order was set aside and the Trial Court was directed to summon the witness and order him to sign on his statement and in case of refusal, the court would exercise powers vested in the Court by law. Ch. Abdus Sallam for Petitioner. Raja Imtiaz Ahmed for Respondent. ORDER RAFIULLAH SULTANI, J.---This revision petition is directed against the interim order passed by Additional District Judge Sensa Camp Kotli, dated 27-6-2007. Brief facts of the case are that petitioner filed a suit for specific performance against respondent which was pending in the Court of Additional District Judge, Sensa Camp Kotli. The case was fixed for evidence of petitioner/plaintiff on 27-6-2007. Petitioner's witness, Muhammad Azam Advocate, Notary Public,…

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