Gift.: The transfer of possession under oral gift; the name of the persons who witnessed the transaction and in whose presence the oral gift was made, which particulars need to be reflected in detail in the pleadings and thereafter to be proved by production of witnesses.

 Gift.

The petitioner was required to disclose particulars of oral gift viz: the time, date and place of alleged declaration, acceptance, the transfer of possession under oral gift; the name of the persons who witnessed the transaction and in whose presence the oral gift was made, which particulars need to be reflected in detail in the pleadings and thereafter to be proved by production of witnesses.

It is correct that C.P.C. does not contain any specific provision that bars the production of adversary by a party as their own witness but at the same time it is also true that there is no provision therein that permits such an exercise. The practice of summoning or producing an adversary as witness by the opposite party, in the ordinary course, has not been approved as it leads to unnecessary embarrassment for the opponent to face the cross-examination of his own counsel or the counsel of his co-defendants having common interest and, thereafter, reappear as a witness in support of their own case.

Article 131 of Qanun-eShahadat Order, 1984 in law empowers the court to disallow irrelevant or inadmissible evidence and to regulate the process of production of evidence.

C.R. No.23580 of 2022
Muhammad Arif v. Province of Punjab and others