RAISA BEGUM versus SHAKILA BEGUM

Section 13 Civil Procedure Code (v. 1908) and XVI, r 21 and the Evidence Act (I of 1872), Section 114 Eloise (G), does not come forward as a witness in support of his application for Landy's absence as a witness. Yes, the landlord's husband had a personal knowledge of family needs, which is heard as a lawyer, the court can take judicial notice of the fact that women are usually witnessed in court because of customs and Orthodox thinking. But generally represent their spouse or other close relatives. Relationships [Witness]

1981 C L C 1351

[Karachi]

Before Ajmal Mian, J

Mst. RAISA BEGUM‑Petitioner

versus

Mst. SHAKILA BEGUM‑Respondent

Second Appeal No. 62 of 1981, decided of 22nd March, 1981.

West Pakistan Urban Rent Restriction Ordinance (VI of 1959)‑---

----- S. 13 read with Civil Procedure Code (V of 1908). O. XVI, r. 21 and Evidence Act (I of 1872), S. 114Illus. (g)‑Non‑appearance of landlady as witness‑Landlady not coming forward as witness in support of her application‑‑However, landlady's husband having personal knowledge of family requirement, examined as attorney --Held, Court can take judicial notice of fact that normally women folk do not appear in Courts as witnesses because of custom and orthodox thinking and being generally represented by their husbands/ sons or other close relations.‑[Witness].

Muhammad Yoznus v Dr. S. Mozammil Ali 1981 C L C 327 distin guished.

Khuda Bux Omrani for Appellants.

Date of hearing : 22nd March, 1981.

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