Law:

Section:

Civil Procedure Code (V of 1908)--- ----O. XVI, R. 1---Summoning of witnesses through court whose names had not been included in the list of witnesses---Scope---Good cause---Bar contained in O. XVI, R. 1, C.P.C.---Scope---Plaintiffs filed application for summoning of witnesses which was dismissed by the Trial Court---Validity---List of witnesses was to be submitted within seven days after settlement of issues---Court was bound to record statement of witness who was present before it on the date fixed for evidence---Party to the suit could produce witness of its own notwithstanding the name of same was not mentioned in the list of witnesses---Sub-Rule (2) of R. 1 of O. XVI, C.P.C. had placed a fetter on summoning of witnesses through process of court if the name of that witness was not mentioned in the list of witnesses submitted by the party---Name of witness was not mentioned in the list of witnesses submitted by the plaintiffs after framing of issues---Bar contained in O. XVI, R. 1, C.P.C. would be an absolute bar and would be operative where a party had sought production of witnesses through the process of court---Witness whose name was not included in the list of witnesses could not be called except with the permission of court and after showing good cause for the omission of including the said witness in the list of witnesses---Party could get a private witness summoned through the process of court if it had shown its inability to the court from producing such witness---Court was bound to procure the attendance of such private witness by coercive measures in the interest of justice---No illegality had been committed by the Trial Court while passing the impugned order---Revision was dismissed in limine. 2011 YLR 2393; 1988 CLC 2218; 2012 MLD 922 and 2005 MLD 688 distinguished. ORDER M. SOHAIL IQBAL BHATTI, J.---Through this Civil Revision the petitioners have prayed for setting aside the order dated 12-11-2013 passed by the learned Civil Judge, 1st Class, Rawalpindi. 2. Brief facts giving rise to the filing of the present Civil Revision are that the petitioners filed a suit for recovery of Rs.100,00,000 as damages from the respondent and one Talat Shehzad.…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492