ORDER WITH THE SIGNATURE OF THE JUDGE

1. For further orders as Commissioner Report

Not yet received since 18.12.2014.

2. For orders on Commissioner’s Report dated 01.12.2015

21.12.2015

Mr. Zia ul Haq Makhdoom, advocate for the plaintiff.

Mr. Muhammad Alam, advocate for the defendants.

The Commissioner has filed a report dated 30.11.2015 stating therein that plaintiff through a witness namely Ms. Ravan Fareshte produced certain documents. Learned counsel for the defendant raised objection over her competency to produce the same and he wanted to cross-examine her. Learned counsel for the plaintiff however disputed the right of defendant’scounsel to cross-examine her. Since the above controversy could not be resolved by the learned Commissioner, he made the instant reference before this Court for orders. Today, both the counselhave been heard. Learned counsel for the plaintiff has referred to Article 134 of Qanun-e-Shahadat and states that since the witness has produced only documents, she is not a witness in strict senso and defendant’s counsel cannot be allowed to cross-examine her. Learned counsel for the defendant states that he will be satisfied, if he is set at liberty to move a proper application raising objection over her competency to produce the documents and in such situation he would not press his contention. To such a proposal learned counsel for the plaintiff has no objection. In these circumstances, the reference is disposed of with directions that let the documents produced by Ms. Ravan Fareshte be taken on record. At the same time learned defendant’s counsel is at liberty to file a proper application raising any objection over the production of documentsthat will however be dealt with in accordance with law.

J U D G E

ZahidBaig