Law: Civil Procedure Code (V of 1908)

Section: O.XVI,Rr.1,2

Civil Procedure Code (V of 1908)--- ----O.XVI, Rr. 1 & 2---Pre-emption suit---Plaintiff failed to submit list of witnesses within seven days after framing of issues---Non-filing of list of witnesses by plaintiff---Effect---"Good cause"---Scope---Petitioner/plaintiff contended that he could not file list of witnesses owing to misunderstanding and that provision of filing of list of witnesses was only directory in nature---Respondent/defendant contended that plaintiff did not file list of witnesses deliberately and had not given "good cause" in his application for non-compliance of mandatory provision of law--- Validity--- Primary question for determination in the present case, was that whether the petitioner/plaintiff could show any "good cause" for non-filing of the list of witnesses within seven days---Plea taken by the petitioner before the Trial Court was that on the date when the issues were framed, the clerk of his counsel had only noted down the next date of hearing without having knowledge that written statement had been filed and issues had been framed and that on the said date due to ailment, he could not contact the counsel and came to know about the filing of written statement and framing of issues subsequently---Petitioner further contended that non-submission of list of witnesses was a misunderstanding, and he being an ailing person could not submit the list within time and prayed that in the interest of justice he be allowed to submit the list of witnesses---Record showed that before filing the application by the petitioner, the case was adjourned for six times after the framing of issues and the presence of the counsel/clerk was marked, which nullified and negated the stance taken by the petitioner---Plea of petitioner, in circumstances, could not be treated as a good cause for non-submission of list---High Court declined interference in the impugned order and passed by the Courts below---Constitutional petition was dismissed accordingly. Muhammad Anwar and others v. Mst. Ilyas Begum and others PLD 2013 SC 255 ref. Umer Hayat v. Addl. District Judge and others 2004 SCMR 1367 distinguished. THIS JUDGMENT DELIVERED BY: MUDASSIR KHALID ABBASI,…

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