Law: Civil Procedure Code (V of 1908)

Section: 1

Civil Procedure Code (V of 1908)--- ----O.XVI, R.1--ummons to give evidence or produce documents--cope moved application seeking permission to summon eleven witnesses and to produce seven documents---Trial Court allowed the application whereas Appellate Court dismissed the same---Validity---When a witness was not named in the list of witnesses as required under O.XVI, R.1, C.P.C., such witness could not be subsequently called unless sufficient cause was given had cited inadvertence as a reason for not mentioning the names of said witnesses in the list of witnesses, which reason was not sufficient since the defendant had essentially relied upon public documents as well as public officers namely Record Keeper and Registry Clerk along with Registry Moharrir amongst others as her witnesses--aid persons were all known and available to the defendant when she had filed her list of witnesses---Order of the revisional court was in accordance with the law and the Trial Courts order to allow the application to decide the case for a just and fair decision in the case was in total negation of the requirements of the law---Constitutional petition was dismissed, in circumstances. Muhammad Anwar and others v. Mst. Ilyas Begum and others PLD 2013 SC 255 and Haji Zarwar Khan through L.Rs. v. Haji Rehman Bangash and others 2016 SCMR 1976 ref. ORDER C.M. No.1 of 2020. AYESHA A. MALIK, J.---- This is an application for restoration of the titled-petition which was dismissed for non-prosecution on 10.11.2020. 2. For the reasons stated in this CM duly supported with an affidavit, the application is allowed and the titled petition is restored to its original number and is fixed for hearing today with the consent of the learned counsel for the parties. Main Case 3. Through the instant Petition, the Petitioner has impugned judgment dated 6.10.2012 passed by Respondent No.7, Additional District Judge, Chiniot. 4. The basic case of the Petitioner is that Respondent No.1 filed a suit for declaration titled Taley Bibi and others v. Mst. Jannat Bibi and others against the Petitioner on 16.1.1998, with the prayer that Hibba Nama No.1720 dated 1.10.1997 with respect to land measuring 50 kanals…

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