Re-Examination of Witness under Article 133

 PLJ 2015 Peshawar 353

Present: Muhammad Ghazanfar Khan, J.

MUHAMMAD RAUF--Petitioner

versus

SAEED AHMAD--Respondent

C.R. No. 45-D of 2015, decided on 28.4.2015.

Qanun-e-Shahadat Order, 1984 (10 of 1984)--

----Art. 133--Order of examination of witness--Clerical mistake--Application for correction--No provision to record evidence of witness as Court witness--Validity--Witness who has been examined in Court can be re-examined under Art. 133 of Qanun-e-Shahadat Order, 1984.                                 [P. 354] A & B

M/s. Muhammad Wahid Anjum and Kamran Hayat Miankhel, Advocates for Petitioner.

Mr. Muhammad Ayaz Chaudhry, Advocate for Respondent.

Date of hearing: 28.4.2015.

Judgment

Through the instant revision petition the learned counsel for the petitioner has challenged the validity and propriety of order dated 10.02.2015 passed by learned Civil Judge-VII D.I.Khan vide which the Court has passed an order for recording the statement of steno of the Court and Muhammad Zahid as CW.

2.  Briefly stated facts of the case are that the PW Zahid has already been examined by the Court as PW-10, he while deposing in the Court has shown time as 11 O'clock on which the plaintiffs moved an application for correction of time instead of 11 O'clock to 9 O'clock as according to him it was a clerical mistake. This case has a chequered history as at preliminary stage this case has come twice to the High Court. Both times order of trial Court was set aside and guideline was provided but once again the trial Court repeated the mistake by allowing examination of Muhammad Zahid as CW whereas he has already been examined as PW-10 in the main suit. The scheme of Qanun-e-Shahadat Order, 1984, as envisaged in Article 132 is:

132. Examination-in-chief, etc.--(1) The examination of a witness by the party who calls him shall be called, his examination-in-chief.

(2)      The examination of a witness by the adverse party shall be called his cross-examination.

(3)      The examination of a witness, subsequent to the cross-examination by the party who called him, shall be called, his re-examination.

3.  Similarly, details of order of examination of witness has been given in Article 133 of the Order ibid, in the present case the witness who has been examined in the Court can be re-examined under Article 133 of Qanun-e-Shahadat Order, 1984. However, there is no provision to record evidence of such witness as Court witness. In this respect the order impugned herein is without any lawful justification which is set aside. However, the Court if deems appropriate may re-examine the witness as envisaged under Article 133 of Qanun-e-Shahadat Order, 1984. In that situation the counsel for opponent party shall have right to cross-examine this witness. As a result this civil revision is allowed, judgment/order dated 10.02.2015 passed by learned Civil Judge-VII D.I.Khan is hereby set aside and case is remanded back to trial Court to comply the above said direction. C.M. No. 41-D/2015 has become infructuous and disposed of accordingly.

(R.A.)  Case remanded