MST. SHARAF ILAHI versus ADDITIONAL DISTRICT JUDGE
O XVII, R 3 Constitution of Pakistan Article 199 Constitutional Petition Appeal of Proof Not appearing in the court of the testimony of a plaintiff because of his brother's illness denied the plaintiff's review by the court. Prior to the relevant date, his witnesses presented three consecutive dates in court, but their evidence could not be recorded due to any wrongdoing of the plaintiff's record, the statements of the plaintiff's three witnesses were recorded on the relevant date; But after he refused to postpone, the evidence was stopped. The brother of such missing witness died the next day to present a missing witness, whose brother was in the hospital, despite giving the plaintiff a last and last chance to present evidence on the relevant date, There was no failure to present his missing testimony. For this purpose, to adjourn him, no one can be reasonably deprived. O XVII, R 3, CPC Trial Court's opportunity to present evidence requesting the death sentence, while preparing for the testimony. Refusing to be postponed, Madreg committed irregularities and acted in haste, disregarding the principle of adjudicating people's disputes with the Adil and Kind High Court. Setting aside the unlawful orders, the trial court was instructed to record the statement of such witness and then to decide on the merits within the stipulated period.
Related judgments — Lahore High Court Lahore, 2011
