Law:

Section:

Civil Procedure Code (V of 1908) --------- ----------O. XVI, R. 1 --------- Specific Relief Act (I of 1877), Ss. 42 & 54 --------- Summoning of witnesses --------- Delay in filing list of witnesses --------- Suit for declaration and injunction --------- Defendant, a lady or ignorant of law --------- Effect --------- PETITIONERS filed suit for declaration and injunction with permanent injunction in year 2003 --------- Trial Court accepted application of defendant containing list of witnesses and summoned some witnesses in 2011 --------- Orders passed by Trial Court were maintained by Lower Appellate Court --------- Validity --------- Application was filed on 07-04-2011 whereas defendant lady appeared in witness box on 28-06-2010 when she got recorded her statement --------- Even if defendant was considered a Pardanasheen lady, she could tell her counsel on 28-06-2010 when she came to Court about summoning of witnesses but she failed to do so --------- Desire of defendant to produce witnesses proposed to be summoned were not due to any cause of action accrued to defendant at later stage as those were the witnesses of documents in dispute and were even available at the time of filing of suit and framing of issues --------- Defendant failed to show any cause to produce proposed witnesses --------- Mere desire of a party to do an act which was required to be done in a particular manner could not be considered to be good cause --------- Being a lady or ignorant of law did not entitle defendant for any special treatment --------- High Court set aside the concurrent orders passed by both the courts and dismissed the application filed by defendant --------- Petition was allowed in circumstances. Hakim Habibul Haq v. Aziz Gul and others 2013 SCMR 200 and Muhammad Anwar and others v. Mst. Ilyas Begum and others PLD 2013 SC 255 rel. THIS JUDGMENT DELIVERED BY: ATIR MAHMOOD, JUSTICE:---------- Through this constitutional petition under Article 199 of the Islamic Republic of Pakistan, 1973, the petitioners have challenged judgment dated 07.01.2013 passed by the learned Additional District Judge, Sialkot who maintained order dated 07.01.2011 passed by learned Civil Judge,…

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