| Citation(s) |
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| 2025 SLG 5148 2025 SLD 5148 = 2025 LHC 7008 = 2026 PLD 488 |
C.R. No.507 of 2022
PRESENT; (ANWAAR HUSSAIN) JUDGE
Date of Hearing: 18.11.2025 Petitioner by: Mrs. Samina Qureshi, Advocate.
Respondent by: Mr. Muhammad Saleem Chaudhry, Advocate. Ch. Muhammad Afzal Teija, Advocate.
Malik Muhammad Irshad Faiz
VERSUS
Khadim Hussain
Law: Code Of Civil Procedure, 1908.
Section: 115
SUMMARY
Civil Revision—Order XVI Rules 1 & 14 CPC—List of witnesses—Application for filing list beyond statutory period—Dismissal—Subsequent application for summoning witnesses—Scope of Order XVI Rule 14—Abuse of process—Revision dismissed.
Where issues were framed on 08.11.2021, the petitioner failed to file the list of witnesses within the mandatory seven-day period under Order XVI Rule 1 CPC. His application for condonation of delay was dismissed on merits after the Trial Court found no “good cause” for the omission. Instead of challenging that order, the petitioner moved a fresh application seeking summoning of bank officials whose names were never included in the first list. The High Court held that Order XVI Rule 14 is a discretionary, suo motu power vested in the Court and cannot be invoked by a negligent party to cure its own procedural lapses or fill lacunae in evidence. Allowing such an attempt would undermine the statutory discipline of Rule 1 and defeat the purpose of timely disclosure of witnesses.
Held: No illegality or material irregularity committed by the Trial Court. Civil Revision dismissed.