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2009 C.L.R. 742

Sher Shah vs Mst. Rani Begum and 5 others

Citation2009 C.L.R. 742
CourtLahore High Court
Case No.Writ Petition No. 3163 of 2009
Date2009-02-19
Judge(s)S. Ali Hassan Rizvi
ResultPetition dismissed

ORDER

S. ALI HASSAN RIZVI, J. --- The order dated 10.2.2009 passed by the learned Judge Family Court, Kasur, (respondent No. 6 herein) has been challenged on the ground that right of cross-examining the witnesses produced by the plaintiffs/respondents Nos. 1 to 5 could not have been closed.

According to learned counsel, no reasonable opportunity was granted to cross-examine them.

2. Perusal of the order-sheet reveals that on 14.1.2009' affidavits Ex. P1 and P2 were filed and next date (21.1.2009) was fixed giving an opportunity.To cross-examine them. On the said date, yet another opportunity was granted for cross-examination of the witnesses adjourning the .Case to 10.2.2009. On 10.2.2009, the witnesses were not cross-examined and the learned Judge, Family Court had passed the impugned order closing the right of cross-examination. Order passed by the learned Judge, Family Court is clothed with authority. There is no law debarring theclosure of right of cross-examination even on the first date if no reasonable cause is shown for adjournment. The scheme of family laws is to dispose of family cases expeditiously. The petitioner should have been careful to avail the opportunity for cross-examination of the witnesses. He failed to do so. In writ jurisdiction, this Court is not ^ailed upon to interfere with the orders, which are passed with lawful authority. I, therefore, dismiss the instant writ petition in limine. .

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