Law: Civil Procedure Code (V of 1908)

Section: 14

Keywords: Result: Petition dismissed MIANGUL HASSAN AURANGZEB, J:- Through the instant civil revision petition, the petitioner, Ch. Muhammad Arshad, impugns the order dated 13.01.2016, passed by the court learned Civil Judge 1st Class (West), Islamabad, whereby the petitioner's application under Order XVI, Rule 14 of the Code of Civil Procedure,1908 (C.P.C.), for summoning the local commission as a court witness, was dismissed. 2. The record shows that on 13.09.2011, the petitioner instituted a suit for recovery of Rs.82,95,490/- etc, against the respondent (Pakistan Telecommunication Company Limited). Through the said suit, the petitioner/plaintiff sought to recover the amount expended on the repairs carried out on the premises which had earlier been leased by the petitioner to the respondent. The petitioner had also sought the recovery of unpaid rent until the leased premises were handed over to the petitioner. Alongwith the said suit, the petitioner also filed an application under Order XXVI, Rule 9 C.P.C. praying for the appointment of a local commission to determine the present status regarding possession of the leased premises. Vide order dated 15.09.2011, the learned Civil Court appointed Mr. Tanvir Khalid Awan, Advocate, as a local commission, with the direction to inspect the leased premises after issuing notice to the parties, and to submit a report on 05.10.2011. On 05.10.2011, the learned local commission submitted his report in the court. For the present purposes, it is not necessary to go into the contents of the report. 3. The suit instituted by the petitioner was contested by the respondent by filing its written statement. Thereafter, issues were framed on 06.01.2014, and the contesting parties were required to submit their list of witnesses and a certificate of readiness to produce evidence within a period of seven days. After the framing of issues, evidence of the petitioner's witness was recorded on 07.09.2015 and 27.10.2015. On 06.11.2015, the petitioner filed an application under Order XVI, Rule 14 C.P.C. praying for the learned local commission to be summoned to depose evidence as a Court witness and get his report exhibited. Vide order…

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