It is a bad practice for parties to refrain from entering the witness box when they are in a position to give personal evidence. Therefore, the first..............

 It is a bad practice for parties to refrain from entering the witness box when they are in a position to give personal evidence. Therefore, the first defendant in the suit, giving rise to this petition, is expected to provide personal testimony in support of her case. If she does not appear without sufficient cause, it will amount to suppression or withholding of evidence, and the Court will be entitled to draw an inference against her.

Be it noted that, in the facts of the present case, if the first defendant fails to appear in the witness box, allowing the plaintiffs to compel her presence by the issue of a witness summons would still be objectionable. Such a practice places the examination and cross-examination of a witness in the wrong hands. hinders fair trial, and obstructs justice.

C.P.L.A.47/2024

Muhammad Ayaz and others v.

Mst. Saima Saeed and others

Mr. Justice Shahid Waheed

11-09-2024