Law: Civil Procedure Code (V of 1908)

Section:

PLD 1995 Peshawar 8 Civil Revision No.591 of 1988, decided on 17th July, 1994. Civil Procedure Code (V of 1908)---- ----O. XVI, R.1 (N: W.F.P.)----Non-submission of list of witnesses by plaintiff within stipulated three days---Dismissal of suit for non-compliance of Trial Court's order----Validity---Plaintiff was not allowed further time in addition to three days as fixed by Court for submission of list of witnesses---Mandatory procedure in furtherance of proceedings was necessary, for parties might require, attendance of witnesses, admission or production of documents and also inspection of documents---Such procedure would facilitate manner and production of evidence for findings oil issues in the suit---Trial Court committed material irregularity in proceedings by ignoring mandatory provisions of O.XVI, R.1 (N: W.F.P.), C.P.C.; similarly Appellate Court in dismissing appeal caused miscarriage of justice---Case was remanded to Trial Court for proceeding in accordance with provisions of O.XVI, R.1, C.P.C. Date of hearing: 17th July, 1994. JUDGMENT Bilawar Khan, petitioner herein, instituted suit for recovery of Rs.10,000 versus Amir Sabir Rehman, respondent herein, in the Court of learned Civil Judge, Karak. On the pleadings of the parties issues were framed on 8-2-1987 and the learned Judge of the trial Court on the same date adjourned the case for evidence of the plaintiff on 17-2-1987 with the direction that list of witnesses be filed within 3 days. On 17-2-1987, the plaintiff petitioner requested for some more time to submit the list of witnesses but the learned Judge of the trial Court rejecting the request dismissed the suit of the plaintiff-petitioner under Order 17. Rule 3. C-P.C. The appellate Court refused to grant relief to the petitioner m his judgment dated 6-10-1988 and hence this petition. The pleadings of the, parties in the civil suit under C.P.C. resulting framing of issues of law and facts, after hearing- the parties, for findings, judgment and decree accordingly. The issues as such necessitate manner and production of evidence in the suit. This material procedure for manner and production of evidence on issues is regulated by order XVI,…