Case Details

Citation(s)
2017 SLG 2574 2017 SLD 2574 2017 YLR 2521

Writ Petition No. 88 of 2015, decision Dated: 19-10-2016.
MUHAMMAD ALAM, JUSTICE, WAZIR SHAKEEL AHMED, JUSTICE
Akhtar Ali for Petitioners. Islam-ud-Din for
Respondents.

OTHERS

VS

ZAMINDARAN VILLAGE DASO HARAMOSH THROUGH

Law:

Section:

Civil Procedure Code (V of 1908)--- ----O. XVI, R. 1---Summoning of witnesses---Scope---List of witnesses-- Plaintiffs filed application for summoning of witnesses but Trial Court dismissed the said application--- Validity---Party could not be allowed to call or produce witnesses through court other than those whose names appeared in the list of witnesses-- Party had to satisfy the Court to produce or call a witness whose name did not appear in the list of witnesses as to the circumstances that existed and prevented such party from writing name of such witness or witnesses in the said list---Court had to record reasons for allowing a party to produce such witnesses---Witnesses in question could not be summoned through court---Writ petition was dismissed in circumstances. THIS ORDER PASSED BY: MUHAMMAD ALAM, JUSTICE:---.--- This is a writ petition, whereby, petitioners have challenged order dated 30/05/2015 of the learned Additional District Judge Gilgit, passed in Revision Petition No. 26/2014. Petitioners have sought the following remedy through this petition:-- "It is therefore humbly prayed that by accepting this writ petition, the impugned order dated 30/5/2015 may kindly be set aside holding the same without jurisdiction to meet the ends of justice." 2. Petitioners/defendants contested suit, Civil Suit No. 132/2006, in the court of Civil Judge First Class Gilgit. During the trial proceedings, respondents/ plaintiffs filed an application seeking two remedies, first under Order XIII, Rules 1, 2 read with section 151, C.P.C. and the second under Order XVI, Rules 1, 2 read with section 151, C.P.C.. Respondents/plaintiffs sought filing of some documents in the file of Civil Suit through the first remedy and sought notices to three PWs, named therein, through the second remedy. Through order dated 12-11-2014, learned trial court dismissed the said petition. Feeling aggrieved from the same, respondents/ plaintiffs filed Civil Revision No. 26/2014 in the first appellate court, who accepted the revision petition through order dated 30-05-2015. Petitioners filed this petition against the said impugned order. 3. We have thoughtfully considered arguments advanced by…
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