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2000 MLD 120

Malik BASHIR AHMAD vs ADDITIONAL DISTRICT JUDGE, BAHAWALPUR and

Citation2000 MLD 120
CourtLahore High Court
Case No.Writ Petition No,59 of 1999
Date1999-03-08
Judge(s)Iftikhar Ahmad Cheema
ResultPetition dismissed

ORDER

' Malik Bashir Ahmad petitioner has invoked the Constitutional jurisdiction of this Court by filing the instant writ petition whereby he has assailed the order dated 14-10-1998 passed by Additional District Judge, Bahawalpur (respondent No,1) whereby he upheld the order of the learned Family Judge, Bahawalpur whereby he closed the petitioner's evidence.

2. Learned counsel for the parties have addressed this Court at length.

3. Mst. Zainab Bibi, respondent No,3 filed a suit for dissolution of marriage, inter alia, on the grounds, of cruelty and Khula'. She has already appeared in the witness box as P.W.1 and unambiguously stated that she had cultivated hatred against her husband Malik Bashir Ahmad petitioner and her suit for dissolution of marriage is bound to succeed on this score alone. Even otherwise Malik Bashir Ahmad petitioner was afforded six opportunities for the production of evidence but unfortunately failed to produce any evidence at all. The acceptance for this writ petition and setting aside the impugned orders would give rise to opening of fresh round of litigation before Judge Family Court and in view of the statement made by Mst. Zainab Bibi (respondent No,3) I am convinced it would be a futile exercise.

4. In view of the above I do not see any good ground to interfere in the impugned orders dated 14- 10-1998 and 23-9-1998.

5. The writ petition is devoid of force which stands consequently dismissed. The judicial file of the case may be returned to the Trial Court concerned forthwith.

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