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MUHAMMAD ASGHAR versus HUSSAIN AHMAD


7th XVIII, R17 Constitution Pakistan, Article 185 (3) Obtaining a Witness Objections and the Claimant Re-Appealing to a Witness to Re-Examine One of his witnesses to prove the plaintiff's contract for sale. The witness could not be recorded before the trial court, because the plaintiff's lawyer was busy and, due to the rush of work, the sale agreement withdrew from proving that the real object of the witness's re-examination was to confirm the testimony and The law was. Clear any ambiguity and / or ambiguity that may have arisen during its examination / statement, which had to be clarified, otherwise obscenity, etc., could lead to injustice and the court could not pass the order to Justice XVIII on this matter. It would be difficult to decide. R17 was not designed and intended for the purpose of enabling a party to file errors in the evidence of a witness who has already examined the purpose, nature and extent of the offense. Was. The authority available to the court under the said rule was that the court could seek clarification on any matter or eliminate any suspicion in the witness's statement, which, if left, would make it difficult for the court to take the correct decision. O XVIII, the case presented by the plaintiff in the present case for the re-examination of the witness under R 17, the CPC did not qualify the test mentioned above, the application for leave to appeal was dismissed.

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