MIAN NAZIR AKHTAR, J. - Briefly stated the facts of the case are that the petitioner and her daughter named Mst. Saira Latif filed a civil suit claiming their shares in the inheritance of Mian Muhammad Latif who had passed away on 3.6.1991. The respondents contested the suit and filed their written statements in the Court through Mr. Qamar Abbas advocate claiming therein that Mst. Saira Latif was the petitioner's illegitimate child whereupon a criminal case was registered against them vide FIR No. 7, dated 1.8.1994. The challan was submitted in the Court of Ch. Muhammad Nawaz Ghumman, Additional Sessions Judge, Lahore. During the course of the trial, the petitioner submitted an application under section 540 of the Cr.P.C, for summoning Mr. Qamar Abbas, advocate as a Court witness but the application was dismissed by the trial Court vide order dated 17.10.1995.
2. The argument of the petitioner's learned counsel that evidence of Mr. Qamar Abbas, advocate was essential for a just decision of the case has considerable force. Since the said Advocate had filed written statement on behalf of the respondents, only he could properly depose about the instructions imparted to him by his clients. The learned State counsel supports the prayer made in this petition. Learned counsel for respondents No. 2 and 3 has also submitted that he has no objection to examination of the said Advocate sis a Court witness but prays that after recording his evidence the trial Court be directed to decide the main case within a short period.
3. Hence, the revision petition is accepted and the order dated 17.10.1995 is hereby set aside with a direction to the trial Court to summon Mr. Qamar Abbas Advocate as a Court witness and record his evidence in accordance with the law. Thereafter the trial Court shall make every effort to decide the main case within a period of two months.