Law: Civil Procedure Code (V of 1908)

Section: 13,1,2

Law: Specific Relief Act, 1877

Section: 12

(a) Civil Procedure Code (V of 1908)--- ----O. IX, R. 13 & O. XVI, Rr. 1 & 2---Specific Relief Act (I of 1877), S. 12---Suit for specific performance of agreement to sell---Ex-parte decree, setting aside of---Application for permission to file list of witnesses---Good cause---Scope---Contention of petitioner was that he met an accident which resulted in fracture of his leg due to which he could not contact his counsel---Application for permission to file list of witnesses was accepted by the Trial Court but Appellate Court dismissed the same---Validity had not pleaded that no accident had taken place or leg was not fractured---Had a specific defence been taken to question the plea of accident then petitioner could have requested the Court to frame an issue and allow him to lead evidence---Provisions of O.XVI, Rr. 1 & 2, C.P.C. were mandatory in nature---List of witnesses should have been filed within seven days from framing of issues---Court had jurisdiction to permit a party to file a list of witnesses after the expiry of period fixed in O.XVI, R.1, C.P.C. if satisfactory explanation had been shown and Court for sufficient reason deemed it necessary to grant the permission---Party who had not filed list of witnesses within time should show a 'good cause' for the said omission or inaction---Court while granting permission to file list of witnesses after expiry of period had to record reasons for granting the permission had given 'sufficient good cause' for the grant of permission to file list of witnesses after expiry of period in the present case---Sufficient material was available on record to justify the permission for filing of the list of witnesses, in circumstances---Impugned order passed by the Appellate Court suffered from legal and jurisdictional infirmity which was set aside and that of Trial Court was restored---Constitutional petition was allowed, in circumstances. Iqbal Ahmad Sabri v. Fayyaz Ahmad and others 2007 CLC 1089; Inam Naqshbandi v. Haji Sheikh Ejaz Ahmad PLD 1995 SC 314; Muhammad Anwar and others v. Mst Ilyat Begum and others PLD 2013 SC 255; The Australasia Bank Ltd. v. Messers Mangora Textile Industries Ltd. and others 1981 SCMR 150 and…

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