OX, R 2, O XXXII, R 15 & Section 151 Constitution of Pakistan, Article 199 The applicant's position for declaration of constitutional petition was that the court was not authorized to record the plaintiff's statement in the absence of the parties. had gone. The plaintiff's next friend was seriously prejudiced on the right of the applicants to contest the case because it was claimed that the plaintiff was of an irrational mind and, to ascertain the fact, the court had sought It was appropriate to ask the court. Under OX, R 2, CPC, a party was able to investigate that the matter could not be exceeded in the court's jurisdiction to investigate the dispute while recording the statement of the applicant in the case. Had to do Whether it was a disorderly or healthy mind, the court was also permitted to record the plaintiff's statement in the camera to remove the impression. The effect of either party, the court, in exercising the powers under section 151, CPC May order such orders as may be necessary to abolish justice, or the courts will not follow this principle in every way to prevent the court from abusing the process. Prohibition is considered unless it is expressly provided by the CPC, but on the contradictory principle that every action should be considered valid unless prohibited by law. The trial court did not accept the general rule. Conduct any kind of illegal or irregularity while recording the statement of the plaintiff, and consequently the constitutional application is dismissed.
Related judgments — Lahore High Court Lahore, 2012
