Provisions of the Order, 1984, relating to hostile witness

Court in a case reported as Hafiz Tassaduq Hussain Vs. Muhammad Din through Legal Heirs and others (PLD 2011 SC 241)

“12. For the argument that as the second attesting witness of the agreement was the son of the respondent, therefore, the appellant cold not take the risk of examining him, it may be held that as ordained above the mandatory provisions of law had to be complied and fulfilled and only for the reason or the perception that such attesting witness if examined may turn hostile does not absolve the concerned party of its duty to follow the law and allow the provisions of the Order, 1984, relating to hostile witness take its own course. Before parting it may be mentioned that the judgment reported as Abdul Wali v. Muhammad Saleh (1998 SCMR 760) which find mention in the leave granting order is not relevant for the proposition in hand as it relates to a document before the enforcement of the Order, 1984 when Article 17 was not there.”


Used in Judgment of
Lahore High Court
Civil Rev. Against Decree
784-D-06
2018 LHC 3056

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