| Case ID |
23e328c5-5431-400f-a7d0-02d72736adf6 |
| Body |
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| Case Number |
Suit No. 941 of 2013 in C.M.A. No. 1744 of 2019 |
| Decision Date |
Feb 11, 2020 |
| Hearing Date |
Jan 30, 2020 |
| Decision |
The court dismissed the application filed by Ms. Nazra Huda, who sought to cross-examine the co-plaintiff, stating that she did not qualify as an adverse party under Article 133 of the Qanun-e-Shahadat. The court held that the right to cross-examine is reserved for parties whose interests are opposed to those of the witness being questioned. Since the applicant did not seek any relief against the co-plaintiff and had made no allegations, the court ruled that she lacked the standing to demand cross-examination. The court emphasized the importance of allowing a party the opportunity to defend against evidence presented against them, but concluded that the applicant did not meet the necessary criteria in this instance. |
| Summary |
This case revolves around a civil suit for declaration and injunction, primarily addressing the issue of cross-examination rights among co-plaintiffs. The court analyzed the provisions of the Qanun-e-Shahadat, particularly Article 133, which governs the examination and cross-examination of witnesses. The ruling clarified that only parties with adverse interests are entitled to cross-examine witnesses called by the opposing party. The case highlights the procedural nuances of civil litigation, particularly regarding the rights of parties in a suit, the significance of legal representation, and the parameters of witness examination. The decision underscores the court's commitment to upholding the principles of justice while ensuring that procedural rules are respected. |
| Court |
Sindh High Court
|
| Entities Involved |
Not available
|
| Judges |
Arshad Hussain Khan, Justice
|
| Lawyers |
Danish Nayyar,
Rasheed Mughal,
Haseeb Jamali
|
| Petitioners |
Rehana Ahson,
Ms. Nazra Huda
|
| Respondents |
Zulfiqar Mohammad
|
| Citations |
2021 SLD 963,
2021 CLC 901
|
| Other Citations |
Haji Shaukat Hussain and 4 others v. Haji Muhammad Bakhsh and 13 others 2004 SCMR 948,
Arbab Tasleem v. The State PLD 2010 SC 642,
Muhammad Nazir Khan v. Muhammad Ameer 2012 CLD 649,
Law of Evidence by Sarkar [sixteen edition p.2351]
|
| Laws Involved |
Qanun-e-Shahadat
|
| Sections |
133
|