Law: Civil Procedure Code (V of 1908)

Section: O.XVII,r.1(3),3

Law: Civil Procedure Code (V of 1908)

Section: O.XVII,r.1(3),3

West Pakistan Family Courts Act (XXXV of 1964)------S. 5, Sched. & S.11---Constitution of Pakistan (1973), Art.199---Constitutional jurisdiction---Suit for maintenance---Closing of evidence of defendant.--Evidence of the plaintiff was recorded and defendant, who failed to cross-examine the witnesses produced by the plaintiff, was granted last opportunity to produce his evidence, but he failed to produce same without any justification and his defence was closed---Validity---No provision existed in West Pakistan Family Courts Act, 1964 to the effect that evidence of the party would not be closed in any case---Very purpose of its enactment was to ensure expeditious disposal of case and court could close the evidence of a party who failed to adduce evidence without sufficient cause---Section 11 of West Pakistan Family Courts Act, 1964 had provided that on the date fixed for evidence, the Family Court would examine the witnesses produced by the parties---In the present case despite a caution of last opportunity to produce the evidence, defendant had failed not only to appear in the court, but also had not produced the witnesses; it was, in circumstances, a case of double default committed by the defendant---Matter was pending for the last more than 10 years---Defendant was given last opportunity, but he did not care even to appear in the court---Trial Court, in circumstances, was justified to close the evidence---No illegality was found in the impugned order calling for interference in the exercise of constitutional jurisdiction of the High Court. Mian Muhammad Ashraf-I for Petitioner. ORDER S. ALI HASSAN RIZVI, J.--- Instant writ petition is filed against the impugned order dated 22-12-2008 whereby the learned Judge Family Court closed the right of evidence. 2. The brief facts given in the writ petition are that respondent No.1 on 28-10-1998 filed a suit for maintenance of herself and three minors. This suit was contested and petitioner denied the relationship and filed a suit for jactitation of marriage against respondent No.1. Both these suits were consolidated by the learned Judge Family Court. After framing of issues, evidence of respondent No.1 was…

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