Law: Civil Procedure Code (V of 1908)

Section: 3

Law: Constitution of Pakistan, 1973

Section: 199

Civil Procedure Code, 1908 (V of 1908)-- ----O.XVII R. 3--Constitution of Pakistan, 1973, Art. 199--Right of producing of remaining evidence of petitioner was struck off--Non-submission of list of witnesses--Lethargic attitude--Interlocutory order--Challenge to--When admittedly till this time list of witnesses was never submitted, how petitioner could be allowed to summon him--The better course for petitioner was to make application for submission of list of witnesses but he never opted for same, for his indolent/lethargic attitude right of remaining evidence was rightly closed about nine years ago--Petition dismissed.[P. 365] A JUDGMENT The sale settled in favour of respondents was pirated by petitioner through filing of suit for possession via pre-emption before the learned Civil Court on 01.03.2005, which having been contested, issues were on 14.11.2005, but admittedly so far list of witnesses was never submitted. No doubt, partial evidence was recorded, but despite seeking several adjournments, the petitioner could not lead the remaining evidence compelling learned Trail Court to struck off his such right on 28.09.20212 and further approved by the learned Revisional Court below vide order dated 27.02.2013, thus this petition was here. 2. Arguments heard, record perused. 3. The case diary maintained by the learned Civil Court confirmed that after the settlement of issues almost…

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