| Case ID |
22d45413-7b7e-4b1e-9118-563f43eae76a |
| Body |
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| Case Number |
Writ Petition No. 4171 of 2010 |
| Decision Date |
Dec 13, 2010 |
| Hearing Date |
|
| Decision |
The Lahore High Court dismissed the petition filed by Sheikh Umar Farooq seeking to recall and re-examine himself as a witness in a civil suit. The court found that the portion of the statement he sought to clarify was not ambiguous and that the application for re-examination was filed after a significant delay, which was interpreted as an attempt to frustrate the trial process. The court held that the constitutional jurisdiction could not be invoked after exhausting statutory remedies, leading to the dismissal of the petition. |
| Summary |
In the case of Sheikh Umar Farooq vs. Mst. Taj Begum and others, the Lahore High Court dealt with a petition filed under the Civil Procedure Code regarding the re-examination of a witness. The petitioner, Sheikh Umar Farooq, sought to clarify an alleged ambiguity in his previous testimony after a considerable delay of three months. The court ruled that the testimony was clear and that the application to recall the witness was an attempt to delay the proceedings. This decision underscores the importance of timely applications in court procedures and the limitations of constitutional petitions when statutory remedies are available. The case highlights key legal principles under the Civil Procedure Code and the Qanun-e-Shahadat, emphasizing the need for clarity and promptness in legal proceedings. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
IJAZ AHMED, J
|
| Lawyers |
Mirza Viqas Rauf for Petitioner,
Muhammad Fazil Siddiqui and Ms. Farhana Qamar for Respondents
|
| Petitioners |
Sheikh UMAR FAROOQ
|
| Respondents |
Mst. TAJ BEGUM and others
|
| Citations |
2011 SLD 2174,
2011 YLR 777
|
| Other Citations |
Anwar Ahmad v. Mst. Nafis Bano through L.Rs. 2005 SCMR 152,
Qamar-ud-Din v. Muhammad Din PLD 2001 SC 518,
Messrs Ilyas Marine and Associates Ltd. v. Muhammad Amin Lasania and another 1997 CLC 763,
Muhammad Younus Khan and 12 others v. Govt. N. W. F. P. through Secretary, Forest and Agriculture Peshawar and others 1993 SCMR 618
|
| Laws Involved |
Civil Procedure Code (V of 1908),
Qanun-e-Shahadat (10 of 1984),
Constitution of Pakistan
|
| Sections |
O. XVIII, R.17,
Art.133,
Art.199
|