Appeal under Section 96 CPC. Order II Rule 6-A consolidation of suits. Order XIV CPC. Framing issues / Additional issues. Statement of a witness under Articles 132, 133 & 134 of Qanun-i-Shahadat Order, 1984

Case Laws October 17, 2024

Before consolidation of suits, partial evidence of the plaintiff was recorded. In post consolidation, fresh additional issues were framed? Plaintiff relied upon the statement of the PWs recorded in pre-consolidation proceedings?. the trial Court without affording opportunity to the adverse party to cross the said witness, fixed the case for evidence of defendants. Held that after consolidation of suits and framing of fresh issues, the parties have the option either to rely on evidence earlier recorded or to produce fresh evidence. If parties rely on statements of witnesses already recorded, the adverse party has an unalienable right to conduct fresh cross examination on the said witness as prescribed by Order XVIII (naeem)CPC read with Rules 3 & 4 of Chapter I, Volume I of the Rules and Orders of the Lahore High Court, Lahore? Appeal allowed. Two fair opportunities were granted to the appellant to conduct cross examination on the witnesses of the appellant.