| Citation(s) |
|---|
| 2025 SLG 1568 2025 SLD 1568 = 2025 LHC 4228 |
Lahore High Court
Writ Petition No.2348 of 2017
SADAQAT ALI KHAN, J.
Date of hearing: 19.06.2025 Petitioner by:- M/s. Muhammad Yasir and Ikram ul Haq Sheikh, Advocates.
Respondents by:- M/s. Ajam Naz Malik, Shahbaz Ahmad Rajpoot, Ms. Sidra Shaikh and Ansa Mehnaz Satti, Advocates.
Writ Petition No.2348 of 2017
SADAQAT ALI KHAN, J.
Date of hearing: 19.06.2025 Petitioner by:- M/s. Muhammad Yasir and Ikram ul Haq Sheikh, Advocates.
Respondents by:- M/s. Ajam Naz Malik, Shahbaz Ahmad Rajpoot, Ms. Sidra Shaikh and Ansa Mehnaz Satti, Advocates.
Nasir Jabbar
VS
. Khalid Mahmood Akhtar (deceased) through his real father as his LR, etc.
Law:
Section: XVI Rule 1(1),XVI Rule 1(2),XVI Rule 7
SUMMARY:Witness Admission
The case revolves around whether witnesses not named in the list submitted under Order XVI Rule 1 CPC can still be examined if they appear voluntarily. The trial court had disallowed such witnesses based on Order XVI Rule 1(2), but the High Court held this was a misinterpretation. Since the witnesses were produced voluntarily (not summoned through court), the embargo of Rule 1(2) did not apply. The High Court allowed the writ petition and directed the trial court to record their evidence.
SECTIONS USED:
Order XVI Rule 1(1) – List of witnesses