Law:

Section:

Financial Institutions (Recovery of Finances) Ordinance (XLVI of 2001)--- ----S. 9---Civil Procedure Code (V of 1908), O. XVI, Rr. 1, provisos 2 & 8--- Suit for recovery of finance--- Summoning of witness---Principle---Defendants filed application to summon officials of plaintiff Bank as witnesses---Validity---Proviso to O. XVI, R. 1, C.P.C., (added through amendment by Lahore High Court) showed that party which had initiated its evidence would not be entitled to obtain process from court to enforce attendance of any witness against whom process was not previously been issued---Application for summoning of witnesses was moved after the defendants had examined four witnesses---By virtue of proviso to O. XVI, R. 1, C.P.C., defendants were precluded from summoning witnesses mentioned in the application---Defendants failed to furnish any justification for calling witnesses who were officials of plaintiff Bank and also failed to mention documents the proposed witnesses were required to produce---Application was dismissed in circumstances. Mir Ghulam Haider Khan v. Abdul Qayyum 1985 CLC 2741 and Syed Shah Muhammad Hussaini and another v. Khutbuddin and another AIR 1997 Karnatka 223 rel. ORDER C.M. 81-B of 2015 SHAMS MEHMOOD MIRZA, JUSTICE...........This is an application filed by the defendants under Order XVI, Rules 1, 2 and 8 for summoning of witnesses mentioned in the said application. All the witnesses named in this application are officials of the plaintiff bank including its President Group Head special assets management and the Chief Manager. Reply to this application has been filed by the plaintiff bank wherein serious objections have been raised regarding the maintainability of this application. 2. In paragraph No.3 of this application it has been stated that the witnesses are required to produce the original record relating to the defendant's case without mentioning the record that each of the witness is required to bring. In. this case the plaintiff bank has already concluded its affirmative evidence. The defendants on their turn have also examined four witnesses whereafter the present application was moved. It is also noted that two of the summoned…

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