Law:

Section:

Civil Procedure Code (V of 1908)--- ----O. XIII, R. 2, O. XVI, R. 1 & S. 148---Qanun-e-Shahadat (10 of 1984), Art. 131---List of witnesses---Filing of---Limitation---Condonation of delay---Plaintiff did not produce evidence and defendants were directed to record their evidence---Plaintiff after recording evidence of defendants moved application for filing of list of witnesses and documents---Contention of plaintiff was that due to bona fide mistake he could not file list of witnesses within time---Validity---Bona fide mistake was not good cause to allow the applicant to submit list of witnesses at belated stage---Application had been filed to prolong the proceedings---Witnesses proposed to be examined by the plaintiff were voluntary---Documents sought to be produced by the plaintiff had already been filed with the plaint and exhibited by the defendants---Court would ensure that parties did not lead irrelevant evidence---Application for permission to file list of witnesses was dismissed with costs---Plaintiff would be entitled to lead evidence by way of affidavit-in-evidence. THIS ORDER PASSED BY: ADNAN IQBAL CHAUDHRY, J.--- Vide order dated 25.11.2013 passed in this suit, common issues in this suit and the connected Suit No. 442/2013 were settled, and vide order dated 5.12.2013 a Commissioner was appointed to record evidence. Vide order dated 11-02-2014 passed in this suit, both suits were treated as having been consolidated. Since then, this suit has been treated to be the leading suit. When issues were settled on 25.11.2013, the parties were directed to file their respective lists of witnesses within 7 days and lists of documents within 60 days. Apparently, the plaintiffs did not do so, nor did they appear before the Commissioner to lead evidence, with the result that vide order dated 11-02-2014 the defendants 1(x) to (xiii) herein (who are the plaintiffs in Suit No.442/2013) were allowed to lead their evidence first, and directions, in the nature of a self-executing order, were given to the Commissioner to expedite the evidence, which directions included the power to close the side of the plaintiff. Thereafter, per counsel for the defendants 1(x) to…

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