Law: Civil Procedure Code (V of 1908)

Section: O.XVI,r.1,2

Law: Civil Procedure Code (V of 1908)

Section: O.XVI,r.1,2

Law: Limitation Act, 1908

Section: 176,1stSchedule

Civil Procedure Code (V of 1908)-------O. XVI, R.1---Non-filing of list of witnesses by a party within seven days of framing of issues---Effect---Such party could not ask for issuance of summons to a witness except with permission of court, but would have right to produce witness in court on his own---When witness had come to court voluntarily for recording his evidence and was present there, then court could not refuse to examine him---Principles. Ahmed Khan v. Naseer Ahmed and 3 others 1999 SCMR 803 ref. Mst. Mussarat Bibi v. Tariq Muhammad Tariq 1999 SCMR 799 and Ghulam Murtaza v. Muhammad Ilyas and 3 others PLD 1980 Lah. 495 rel. Nemo for Plaintiffs. Muhammad Iqbal Memon for Defendant No.1. Muhammad Ahmed Pirzada, Addl. A.-G., Sindh for Defendant No.3. Haider Imam Rizvi for Defendants Nos.4 and 5. Nemo for Defendant No.2. Date of hearing: 5th May, 2008. ORDER NADEEM AZHAR SIDDIQI, J.--- By this application the defendants Nos. 4 and 5 have sought review of order dated 11-12-2006 by which the permission was granted for examination of P.W.2 with the observation that the Commissioner is allowed to record the evidence of P.W.2 subject to any objection that the defendant may take at the time of arguments. The counter-affidavit to the said application was filed by the plaintiffs. The learned counsel for defendants Nos.4 and 5 submits that the plaintiffs have not filed any list of witnesses, therefore, are not entitled to examine any witness without filing of list of witnesses within seven days as required under Order XVI, rule 1, C.P.C. He has relied upon the reported case of Ahmed Khan v. Naseer Ahmed and 3 others 1999 SCMR 803. The learned A.A-G. and the learned counsel for defendant No.1 have submitted that this is a matter between the plaintiff and the defendants Nos.4 and 5 and they have nothing to do with the said controversy. In the instant case the issues were settled on 5-10-2005 and on the same date Mr. Rizwan Ahmed Siddiqui, Advocate was appointed as Commissioner to record the evidence of the parties. On perusal of the record it appears that after framing of the issues no list of witnesses has been filed as provided under Order XVI, rule 1, C.P.C. The…

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