Case Details

Citation(s)
1986 SLG 418 1986 SLD 418 1986 SCMR 316
Supreme Court of Pakistan
Civil Petitions Nos. 628, 629 and 630 of 1978, decision dated: 8-09-1985. (Against the Judgment and Order, dated 4-10-1978 of the Lahore High Court, Lahore, in Civil Revision Nos. 362/364/1977.
MUHAMMAD AFZAL ZULLAH AND SHAFIUR RAHMAN, JJ

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NAEEM ENGINEERING CORPORATION and others

VS

GOVERNMENT OF PUNJAB through Secretary and another

Law:

Section:

Constitution of Pakistan (1973)-----Art. 185(3)--Civil Procedure Code (V of 1908), O.XVI, r, ­Summoning of witnesses--Court refusing to issue process, closed evidence and dismissed suit for recovery of money--Contentions that notwithstanding late filing of list of witnesses, Court itself had been summoning witnesses and a request made to Court to summon them again could not be brushed aside on ground that list of witnesses was submitted late, and that keeping in view identity of witnesses who were required to be summoned, mostly departmental officers, passing on of responsibility of producing them entirely to plaintiff was unjustified and Court should have lent its assistance in getting process issued and served--Dismissal of suit in such circumstances and for these reasons requiring further examination on legal plane and matter involved being short and purely legal one while granting leave petitions were converted into appeals and ordered to be heard within six months after service was completed. Ch. Khurshid Ahmad, Advocate Supreme Court (absent) instructed by S. Inayat Hussain, Advocate-on-Record for Petitioners. Nemo for Respondents. Date of hearing; 8th September, 1985. ORDER SHAFIUR RAHMAN, J.--The petitioners who are different in three petitions seek leave to appeal against a consolidated judgment of the Lahore High Court, dated 4th of October, 1978 whereby their civil revision petitions were dismissed. 2. The petitioners sued the respondent for recovery of certain specified amounts totalling in all the three suits over rupees one hundred thousand. The suits were contested. Issues were framed on 2-1-1974. The list of witnesses was filed by the petitioners on 8-3-1974. It appears that the relevant record of the department had been taken over at one stage by the Anti-Corruption Department in connection with certain inquiries/investigations pending against the officers of the department. In order to make the examination of the witnesses required to be produced by the petitioners fruitful, they requested the Court to obtain the records from…
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