Law: Civil Procedure Code (V of 1908)

Section: O.XVIII,R.17,O.XLI,R.27

Law: Civil Procedure Code (V of 1908)

Section: O.XVIII,R.17,O.XLI,R.27

Civil Procedure Code (V of 1908)-------O. XVIII, R.17 & O.XLI, R.27---Constitution of Pakistan, Art.199---Constitutional petition---Suit for recovery---Power of court to recall/re-summon witness---Petitioner's application to re-summon witness two years after the closing of the petitioner's right to cross-examine said witness, was dismissed by Trial Court---Validity---Order XVIII, R.17, C.P.C. was an independent provision of law by virtue of which the court had ample powers to re-summon any witness at any stage of the case before the pronouncement of the final decision---Said proposition may further be elaborated as any party may produce any witness or re-summon any witness at any stage prior to disposal of the case such as at the initial stage when the list of witnesses was provided, at the time when the evidence was recorded or at any time during pendency of the appeal or revision as provided under O.XLI, R.27, C.P.C.---Discretion of the courts to exercise their jurisdiction to provide justice to the parties---Courts below had treated the petitioner's application as a review after closing of the right of cross-examination, which was not justified---Impugned orders of the courts below were set aside with the direction to re-summon the witness of the petitioner as court-witness---Constitutional petition was allowed, accordingly. ORDER CH. SHAHID SAEED, J.--- A suit for recovery of Rs.76,000/- was filed by the respondent. Issues were framed on 17-11-2003. However, the right of petitioner-defendant to cross-examine P.W.-1 was closed on 26-11-2005 due to non-appearance of learned petitioner's counsel on the very day. The petitioner filed application under Order XVIII, Rule 17, C.P.C. after about two years of the said order for re-summoning the said witness which was rejected on 6-7-2009. Feeling aggrieved, the petitioner assailed the said order in the revision petition which also met with the same fate vide order dated 20-4-2011. 2. Learned Additional Advocate-General inter alia contends that there is no bar to re-summon any witness by the court and the court may summon any witness at any stage during the pendency of the suit prior to the pronouncement of final…

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