The Law Updates: Case Law Update

The Law Updates:    In the case of “ Zakia Hussain v. Farooq Hussai ” (2020   PLD  401 ) honorable Supreme Court held that; ----“The Court elaborated that “...

Case Law Update

 In the case of “Zakia Hussain v. Farooq Hussai” (2020   PLD  401) honorable Supreme Court held that;

----“The Court elaborated that “[i]nitially, it is the party itself to depose about the first hand and direct evidence of material facts of the transaction or the dispute and its attorney having no such information cannot be termed as a competent witness within the meaning of Order III Rule 1 & 2 of CPC. Yes! The attorney can step-in as a witness if he possesses the first hand and direct information of the material facts of the case or the party had acted through the attorney from the very inception till the accrual of cause of action. Deposition of such an attorney under the law would be as good as that of the principal itself. Non-appearance of the party as a witness in such a situation would not be fatal. If facts and circumstances of the case reflect that a party intentionally did not appear before the court to depose in person just to avoid the test of cross examination or with an intention to suppress some material facts from the court, then it will be open for the court to presume adversely against said party as provided in Article 129 (g) of Qanun-e-Shahadat, Order 1984 (QSO, 1984).”