Law: Civil Procedure Code (V of 1908)

Section: O.XVI,R.1

Law: Constitution of Pakistan, 1973

Section: 185(3),189

(a) Civil Procedure Code (V of 1908)---- ----O. XVI, R.1---Presentation of list of witnesses within seven days after settlement of issues---None of the parties filed its list of witnesses within statutory period of seven days---Application of respondent already allowed and witnesses summoned---Application of petitioner for the same purpose was dismissed---Validity---Held, that admittedly petitioner was allowed to submit list of witnesses beyond the provided time, therefore there was sufficient reason to also allow the respondent to submit list of witnesses---Discretion exercised in such behalf in favour of respondent was neither arbitrary nor whimsical---Petition being meritless was dismissed. Gulistan Textile Mills Ltd. and another v. Soneri Bank Ltd and another PLD 2018 SC 322; The Australasia Bank Ltd. v. Messrs Mangora Textile Industries, Swat and others 1981 SCMR 150; Agha Zahid Ali Hilali v. Muhammad Riaz and others C.P. No.1278 of 2013 and Mst. Musarrat Bibi and 2 others v. Tariq Mahmood Tariq 1999 SCMR 799 ref. (b) Constitution of Pakistan--- ----Arts. 189 & 185(3)---Binding effect of decision/ of Supreme Court---Order refusing petition for leave to appeal did not lay down any law---Such order could not be termed as decision/ having binding effect under Art.189 of the Constitution. Haji Zarwar Khan through L.Rs. v. Haji Rehman Bangash and others 2016 SCMR 1976 rel. (c) Constitution of Pakistan--- ----Art. 189---Judgment of larger Bench of the Supreme Court---Preference---Judgment delivered by larger Bench was to be given preference. Dr. Professor M.A. Cheema, Surgeon, PIC, Lahore v. Tariq Zia and others 2016 SCMR 119 and Faiz ur Rehman v. Haji Yaz Mir and 5 others 2013 YLR 950 rel. THIS ORDER PASSED BY: CH. MUHAMMAD MASOOD JAHANGIR, J.---- Through the suit under this writ petition, it was averred by the petitioner/plaintiff that her husband being one of the members of the Housing Society/respondent No.4 had applied for allotment of plot, who after due scrutiny was found eligible and on his request, suit plot was allotted to petitioner/plaintiff by accepting certain amount; that thereafter utility connections were also installed on her request; that…

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