P L D 2021 Sindh 510
Qanun-e-Shahadat (10 of 1984)---
----Art. 132---Civil Procedure Code (V of 1908), O. XVIII, R. 3---Suit for cancellation of document, declaration and injunction---Cross-examination---Parties of same side---Applicant-defendant was not permitted by local commissioner to cross examine co-defendant on the plea that both were not adverse parties---Validity---No evidence should be received against one who had no opportunity of testing it by cross examination, as it would be unjust and unsafe not to allow a defendant to cross-examine a co-defendant, whose evidence was adverse to him or who had given evidence against him---If there was no conflict of interest, such opportunity was not to be given---Condition precedent for giving opportunity to a defendant to cross examine a co-defendant was either from pleadings of parties or in the evidence---Conflict of interest existed between the two defendants---Co-defendant for applicant-defendant was 'adverse party' entitling him to cross-examine co-defendant---High Court directed Local Commissioner to record cross examination of co-defendant by applicant-defendant--
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