Law:

Section:

(a) Civil Procedure Code (V of 1908)-----OXVII, R.3 & O.XLI, R.23---Constitution of Pakistan (1973), Art.185(3)--­Dismissal of suit for non-prosecution---Leave to appeal was granted to examine (i) whether the order dismissing suit for non-prosecution was proper in law, in view of the fact that sufficient evidence already existed on the record of the case for passing a decree; and (ii) whether in view of the facts and circumstances, case should have been remanded for the purpose of examining a witness from the defendant department. (b) Civil Procedure Code (V of 1908)-- ---OXVI, R.10 & O.XLI, R.27---Additional evidence, production of--­Summoning of official witness---Duty of Court---For summoning official witness plaintiff had done all that was legally within his power or was his responsibility--­Case was thus, a fit one where the presence of official witness should have been secured, and Trial Court having not done it, High Court should have attended in more meaningful manner to the application for producing additional evidence--­Supreme Court remanded the case to High Court as a pending appeal before it for disposal in accordance with law after giving opportunity/liberty to parties to produce additional evidence. JUDGMENT SHAFIUR RAHMAN, J.---The Plaintiff was granted leave to appeal in order to examine the following questions of law arising in the case:-- "(1) Whether the order dated 26-12-1983 dismissing the suit for non­-prosecution was proper in law, in view of the fact that sufficient evidence already existed on the record of the case for passing a decree? (2) Whether in view of the facts and circumstances, the case should have been remanded for the purpose of examining a witness from WAPDA." The facts leading to this appeal are that the plaintiff sought and obtained electricity connection for a tube-well installed at Killi Alizai, Tehsil and District Pishin. On the estimate prepared, he was made liable to pay Rs.1,500 in instalment as installation charges out of a total of Rs.9,000 to be spent on it and for normal electricity consumption. After installation he in fact received a bill for Rs.38,636 for installation charges and Rs.16,419 for…

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