Law:

Section:

Civil Procedure Code (V of 1908), O. XVI, rr. 1 & 10-Witnesses, summoning of-Responsibility cannot be thrown on party to produce its evidence on pain of losing its right to produce such evidence-­Party even if undertaking to produce its own evidence but later reporting its inability to do so and applying for process of Court for attendance of witnesses-No sanction in law exists for refusing such request-Court may decline to accede to such request only where party deliberately seeks to prolong case to grave disadvantage of other side and evidence sought to be adduced has no material bearing on decision of case. There is no provision in the Code of Civil Procedure whereunder the responsibility can be put on a party to produce Its evidence on pain of losing its right to produce that evidence. Even in a case where a party undertakes to produce its own evidence but then reports its inability to do so and applies for process of the Court for the attendance of its witnesses, there is no sanction in law for refusing such a request. The Court may, in the exercise of its inherent powers to prevent abuse of the process of the Court, decline to accede to such a request where it is found that the party is deliberately seeking to prolong the case to the grave disadvantage of the other side, and that the evidence sought to be adduced has no material bearing on the decision of the case. JUDGMENT SAJJAD AHMAD, J.-This appeal arises out of an order dated the 22nd of July 1970, made in an administration suit, which is pending in the Court of a learned Civil Judge at Lahore. The dispute is between the appellant and her real brothers in respect of two properties located at Railway Road, Lahore, one of which she claims to have received in gift from her late father, K. B. Khairuddin, and the other from her real brother, Zahiruddin, respondent No. 2 in this appeal. The suit is now at the stage of the production of the evidence by the appellant. After some preliminary efforts made by her to get her witnesses summoned, did not bear fruit, she confined her request to the Court to summon two of her witnesses only, namely, D. Ws. Asghar Khadim, an Advocate, and one Abdul Ghafoor,…

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