Law: Civil Procedure Code (V of 1908)

Section: 3

(a) Civil Procedure Code (V of 1908)--- ----O.XVI, R.3---Suit for Recovery of money against dishonoured Cheque---Summoning of witnesses---Limitation---’Good cause’---Application of respondent/plaintiff for summoning of two witnesses against issuance of cheque was allowed by Trial Court---Petitioner’s contention that respondent failed to show good cause for not mentioning the names of those witnesses in list of witnesses so the Court was not justified to allow them to appear as witnesses---Validity---Names of the same witnesses found mentioned in the plaint, therefore, it could not be said that petitioner/defendant would be taken by surprise or there was chance of fabrication of new evidence by belated inclusion of names of such witnesses and permitting the respondent to produce them in evidence---Mentioning names of witnesses in plaint with their role at very inception of matter before Court, which was even prior in time to framing of issues and time of seven days provided under O.XVI, R.1 of Civil Procedure Code, 1908 for filing list of witnesses in Court, would be ‘good cause’ and ‘sufficient reason’ to allow the respondent to produce them in evidence even if their names were not earlier included in list of witnesses---No prejudice would be caused to petitioner if the said witnesses were produced in evidence and petitioner would have a right to cross-examine said witnesses in order to dig out the truth---Purpose of procedure was to advance the cause of justice and not to hamper it and the production of said witnesses may facilitate the Court to reach just decision in the matter---No illegality / jurisdictional defect found in impugned order---Revision petition was dismissed accordingly. Muhammad Anwar and others v. Mst. Ilyas Begum and others PLD 2013 SC 255; Muhammad Sana Ullah v. Additional District Judge and others PLD 2020 Lah. 675 and Muhammad Iqbal v. District Judge, Vehari and others 2020 MLD 1760 distinguished. (b) Civil Procedure Code (V of 1908)--- ----O.XVI, R.3---Summoning of witnesses---Limitation---’Good cause’---Scope---Not an absolute rule of law that once a party omitted to file list of witnesses or to mention the name of witness in such…

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