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Civil Procedure Code (V of 1908) - O XVI, r. 1 and Constitution of Pakistan (1973), Art. 199 List of witnesses Witnesses, production of Question whether delay in filing application under O. XVI, r. 1 fit to be condoned or not question within discretion of trial Court to decide Trial Court empowered to condone delay and allow application Trial Court though acted in breach of provisions of O. XVI, r. 1 in allowing application and its order an erroneous exercise of jurisdiction, yet such order, held, not without jurisdiction and accordingly remedy of writ petition totally misconceived. ORDER DORAB PATEL, J. This petition arises out of an interlocutory order passed in a suit which was filed nearly thirteen years ago by the petitioner. The suit is apparently pending in the Court of the Civil Judge, Second Class, Chunian, And, its hearing has been delayed by two revisions filed earlier by the parties against interlocutory orders passed by the trial Court, The history of this suit in which both parties appear to have competed in order to prolong litigation is not relevant to this petition for leave and it is sufficient to state that new parties were impleaded by the petitioner, in his suit in July, 1978. This was more than eleven years after the institution of his suit, Be that as it may, he had filed his list of witnesses on the 26th of June, 1978, The defendant failed to file his list of witnesses for a long time and was thus in breach of the provisions of Order XVI, rule 1 of the Civil Procedure Code, However, he filed an application under this rule in January, 1979, and, according to Mr. Farooq, notice of this application was ordered to be issued to the petitioner, but was in fact never issued. Be that as it may, the case came up before the trial Court for the plaintiff's evidence on 8 2 1979, but was adjourned as the plaintiff's witnesses were not available, Further, according to Mr, Farooq, after the adjournment and behind the petitioner's back, the trial Court on the same day allowed the respondents application under Order XVI, rule 1 of the Civil Procedure Code on payment of Rs, 25 as costs, The petitioner, therefore, challenged this order in a revision in the…

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