MEERA SHAFI (MEESHA SHAFI) vs ADDITIONAL DISTRICT JUDGE, LAHORE and another
This matter originated from a petition for leave to appeal against the dismissal of a writ petition by the Lahore High Court, which had upheld a trial court order rejecting the petitioner's request to record the examination-in-chief of all witnesses before commencing cross-examination. The core legal question concerned the procedural management of witness testimony and the sequence of examination in a civil suit. Upon reaching the Supreme Court, the parties reached a consensus to resolve the procedural impasse. The Supreme Court, exercising its jurisdiction, converted the petition into an appeal and set aside the impugned order of the High Court. The Court held that the proceedings should continue based on the mutual consent of the parties, which stipulated specific timelines for filing affidavits-in-evidence and conducting cross-examinations. The key principle laid down is that parties in civil litigation may, by mutual consent, streamline procedural aspects of trial management, such as the sequence and timing of witness examination, provided such arrangements align with the overarching judicial mandate for the expeditious disposal of cases and avoid unnecessary delays.
- Can parties to a civil suit reach a consent agreement regarding the sequence and timing of witness examination-in-chief and cross-examination?
- Does the court have the authority to set aside a High Court order based on a mutual consent agreement reached between parties during appellate proceedings?
- Is the filing of an affidavit-in-evidence a recognized procedural step under the Code of Civil Procedure 1908?
- Order XIX, Code of Civil Procedure 1908
ORDER
MUSHIR ALAM, J. The petitioner/defendant filed an application before the learned trial Court for recording the examination-in-chief of all witnesses first whereafter the petitioner/defendant shall cross-examine them, which application was dismissed vide order dated 19.03.2019, which order was challenged in writ petition before the Lahore High Court, Lahore, which too was dismissed. Hence the present Petition for leave to appeal.
2. Both the learned counsel for the parties have made their respective submissions and have conceded for a consent order in the following terms: i) That the Respondent No.2/Plaintif f in terms of Order XIX of the C.P.C. shall file Affidavit-in-Evidence of witnesses mentioned at serial Nos. 2 to 8 in the list of witnesses; ii) That the Affidavit-in-Evidence of all the aforesaid witnesses shall be filed within seven days from today by the Respondent No. 2/Plaintif f with advance copy to the Petitioner/Defendant, who shall cross-examine the witnesses within seven days thereafter as may be fixed by the learned trial Court; iii) That Petitioner/Defendant shall cross-examine all the witnesses including the witness mentioned at serial No. 20 (Ms. Kanza), who had already recorded her examination in chief, preferably on the same date. Any witness left over who could not be cross-examined on the said date may be cross-examined on the following day as may be fixed by the learned trial Court; iv) No party shall seek undue adjournments in the entire exercise; and v) Both the learned counsel states that examination in chief and cross-examination of witness mentioned at serial No, 1 (Mr. Baqir Abbas) has already been recorded. Other witnesses of the Plaintif f, if so desired by the respondent No.2/plaintif f may be examined as may be ordered by the learned trial court in the sequence as may be considered appropriate by the learned trial Court.
3. The learned counsel for respondent No. 2 states that the matter has already been delayed and there is a direction of the High Court vide order dated 09.04.2019 for disposal of the case within three months. It is expected that both the parties shall adhere to such timeline and shall refrain from undue adjournments and or making unnecessary applications to prolong the timeline. In terms of the above, the impugned order dated 27.03.2019 of the High Court is set aside and let the matter be proceeded in terms of the consent order as noted above. This petition is converted into appeal and disposed of in the terms noted above.