Law:

Section:

(a) Civil Procedure Code (V of 1908)--------O. XVII, R. 3---Constitution of Pakistan (1973), Art.199---Constitutional petition---Maintainability---Petitioners were allowed to produce additional witness---Despite the fact that repeated opportunities were given to petitioners, they failed to produce their witness---Effect---Act of petitioners amounted to delaying tactics to prolong litigation and they were least interested to pursue their case---Order of closing down the evidence was competently passed: in circumstances. (b) Constitution of Pakistan (1973)--- ----Art. 199---Constitutional jurisdiction---Scope---High Court in exercise of its Constitutional jurisdiction under Art. 199 of the Constitution cannot interfere into the orders competently passed by Court of competent jurisdiction. ORDER Through the writ petition in hand Muhammad Zubair and 4 others, have challenged the orders,, dated 3-11-1996 and 24-10-1997, to be illegal and unlawful whereby the learned Civil Judge, Nowshera by invoking the penal provision of Order 17, Rule 3, C.P.C.,, closed the evidence of the petitioners and their application for summoning Shahzad Gul witness through Court was dismissed, which order was maintained by the learned Additional District Judge, Haripur camp at Nowshera by dismissing the revision petition of the petitioners. 2. Brief facts of the case as narrated to the petition are that the petitioners brought a suit for declaration and/or in alternative for possession of the suit property, as detailed in the heading of the plaint: that the defendant-respondents Nos. l to 10 were summoned out of whom defendants 1. 2 and 10 resisted the suit and the rest of the defendants did not respond, to the process, therefore, they were proceeded ex parte; that the petitioner produced 7 witnesses at different occasions. Thereafter, the petitioners submitted an application for summoning one Shahzad Gul through Court, which application was…

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