Law:

Section:

Civil Procedure Code (V of 1908)---O. XVI, Rr. 1 & 10---Witnesses, summoning of---Party unable to produce its cited witness and applying for process of the court to summon witness's attendance---Court refusing such request of the party---Legality---Contentions of appellant were that witness sought to be summoned through court was the one who was also cited as such in the list of witnesses submitted by the appellant; that although it was the responsibility of a party to produce its witnesses but when it reported its inability to do so and applied for process of the court for his attendance, there was no sanction in law for refusing such a request---Validity---Record revealed that witness sought to be summoned through the process of the court was the one who was cited as such in the list of witnesses submitted by the appellant, therefore evidence of such a witness could not be ignored lightly---When the appellant had reported his inability to produce its witness and asked for indulgence of the court, it should not have been refused as it would be a clear case of failure to exercise jurisdiction vested---Appeal was allowed, impugned orders were set aside and application of appellant for summoning the witness in question was allowed. Mst. Bashir Bibi v. Aminuddin and others 1972 SCMR 534 rel. ORDER EJAZ AFZAL KHAN, J.---This appeal with the leave of the Court has arisen out of the judgment dated 23-9-2011 of the Peshawar High Court, Peshawar, whereby the learned Judge in his Chambers dismissed the revision petition filed by the appellant and maintained the orders of the fora below. 2. Learned counsel appearing on behalf of the appellant contended that where the witness sought to be summoned through Court is the one who is also cited as such in the list of witnesses submitted by the respondents, the learned Trial Court could not have refused to summon him. The learned counsel next contended that it is, of course, the responsibility of the party to produce its witness but when it reports its inability to do so and applies for process of the court for his attendance there is no sanction in law for refusing such request. The learned counsel to support his…

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