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| List of witnesses |
list_of_witnesses belated stage allowed
witness list
*مسٹر جسٹس صفدر سلیم شاہد صاحب*
عدالت جب ایشوز فریم کرتی ھے تو 7 دن میں لسٹ گواھان داخل کرنی لازم ھوتی ھے اس کیس میں اندر 7 یوم لسٹ داخل نہیں ھوئی۔ بعد میں درخواست گزاری گئی جو ماتحت عدالت اور عدالت اپیل نے بھی خارج کر دی۔ لیکن ھائیکورٹ نے جرمانہ کے ساتھ داخل کرنے کی اجازت دی۔
2023 Y L R 37
[Lahore (Bahawalpur Bench)]
Syed QALANDAR HUSSAIN SHAH---Appellant
Versus
ADDITIONAL DISTRICT JUDGE and others---Respondents
(a) Civil Procedure Code (V of 1908)----
----O. XVI, R.1---List of witnesses---Matter to be decided on merit---Respondent/ plaintiff filed suit for specific performance of contract on basis of oral agreement to sell against petitioner/ defendant---Issues were framed and parties were directed to submit their list of witnesses within seven (7) days but petitioner/defendant had no knowledge about the said order---When evidence of respondent/plaintiff was closed then it came into knowledge of petitioner/ defendant that list of witnesses was not submitted by petitioner within time---Petitioner/defendant filed an application before Civil Court for submitting list of witnesses which was dismissed---Petitioner filed a civil revision before Revisional Court which was also dismissed---Held, that order sheet appended with the petition revealed that on 10..03.2016 application filed by respondent for temporary injunction was allowed and after farming of issues Trial Court directed the parties to submit list of witnesses and certificate for readiness to produce evidence within seven (7) days, said order was passed by Trial Court in presence of both parties---Suit was adjourned on many dates for recording of evidence of the plaintiff and evidence of respondents witnesses was recorded and counsel for the petitioner conducted cross-examination upon them---Plaintiff produced his documentary evidence and then the case was fixed for evidence of petitioner/defendant---Counsel for the petitioner filed an application before Trial Court for submitting list of witnesses at belated stage which was dismissed by Trial Court, which mean that counsel for the petitioner had been appearing in the Court but did not file application for submitting list of witnesses---Counsel for the petitioner requested for only one opportunity to submit list of witnesses, even on payment of costs as valuable rights of the petitioner were involved in the matter---Petition was allowed by High Court and Trial Court was directed to grant only one opportunity and fixed a date for submitting list of witnesses by the petitioner and if the cost imposed was not paid or list of witnesses was not submitted on the fixed date as directed, Trial Court should proceed with the matter in accordance with law.
(b) Administration of justice---
----Technicalities of procedure ought to be avoided and matter should be decided on merits---Petition was allowed.
Mst. Bundi Begum v. Munshi Khan and others PLD 2004 SC 154; Syed Sharif ul Hassan through LRs. v. Hafiz Muhammad Amin and others 2012 SCMR 1258 and Zohra Bibi and another v. Haji Sultan Mahmood and others 2018 SCMR 762
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