Law: Code Of Civil Procedure, 1908.

Section: 1, 7, 14, 3, XVIII, 115

Law: Constitution of Pakistan 1973

Section: 10-A

 Summary

The case concerns whether a party whose evidence has already been closed can subsequently be permitted to produce witnesses who were previously unavailable.

The petitioners/defendants were involved in a civil suit for recovery of Rs.150 million and rendition of accounts arising out of a fuel-supply business involving NATO forces in Afghanistan. During defence evidence, the petitioners sought permission to examine two witnesses whose names had already been included in their witness list, but whose whereabouts had previously been unknown.

The Trial Court refused permission. The High Court, exercising revisional jurisdiction, held that there is no absolute bar against allowing a party to produce witnesses after closure of evidence. Where good cause is shown and the witnesses are material to the just determination of the dispute, the Court may permit their examination.