MUHAMMAD SARWAR versus JUDGE, FAMILY COURT

O XVII r 3 guilty of presenting evidence After giving the applicant two opportunities for such purpose, presenting proof of failure to serve, the applicant claiming tea can be considered controversial on both dates. Even in his absence a date is filed to present the latest set of witnesses. Instability is not a disease that can prevent an applicant from instructing a lawyer as well as managing the preparation of evidence [evidence].

1981CL C1445

[Lahore]

Before Zakiuddin Pal, J

MUHAMMAD SARWAR‑‑‑Petitioner

versus

JUDGE, FAMILY COURT AND ANOTHER--‑Respondents

Writ Petition No. 5397 of 198(1, decided oil 8th October, 1980.

Civil Procedure Code (V of 1908)‑--

‑‑ O. XVII. r. 3‑Faiture to produce evidence ‑‑Court closing petitioner's evidence for failure to produce serve after giving kith two opportunities for such purpose‑‑Petitioner contending tea be indisposed on both dates but even in his absence making appli cation on one date for producing fresh set of witnesses‑Indisposition, held, not such ailment as could prevent petitioner from instructing counsel as well as making arrangement for production of evidence.‑. [Evidence].

S. Abdul Waheed Bukhari for Petitioner.

Capt. Habibullah for Respondent.

Date of hearing : 8th October, 1980.

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