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PLD 1979 Lahore 314 LAHORE HIGH COURT Writ Petition No. 4945 of 1978, decided on 21st October 1978. Before Aftab Hussain, J SARDAR MUHAMMAD-Petitioner VS BARKAT ALI AND 3 OTHERS-Respondents Ch. Multammad Hassan for Petitioner. (a) Civil Procedure Code (V of 1908) -- Ss. 121 & 127 and First Schedule-Rules framed by High Court become: a part of Code only after their approval by Provincial Government and publication in official Gazette-Authority of Legislature to amend Code-Held, includes power to amend even rules made by High Court. [Legislature]. (b) Civil Procedure Code (V of 1908)- -- O. XVI, r. 1(2)-List of witnesses-No list. of witnesses submitted by party-Such party cannot produce any witness. ORDER The plaintiff-petitioner filed a suit against the defendant respondent for a declaration and consequential relief in regard to his ownership and possession of a residential 'ahata' measuring 1 kanal, 15 marlas situated in Chak No. 84/R. B., Tehsil and District Sheikhupura. The suit was contested by the respondent and issues on the basis of the disputes raised in the pleadings were framed on the 28th of November 19717. Under Order XVI, rule 1, C. P. C. as substituted by the Law Reforms Ordinance, 1972 the petitioner was bound to file a list of his witnesses within 7 days of the framing of the issues. He failed to do so. He however, submitted an application for permission to file a list on the 14th of January, 1978, several weeks after the framing of the issues. He attempted to explain the ground of delay by stating that he had been trying to contact the witnesses who belonged to Sialkot and for this reason could not submit his list within time. 2. The learned trial Judge dismissed the application on the 6th of February 1978 on the ground that the above-mentioned reason was not substantiated since only two out of the several witnesses mentioned in the list belonged to Sialkot, while the others belonged to Sheikhupura. 3. The learned Additional District Judge refused to exercise his revisional jurisdiction in favour of the petitioner on the same ground. It was urged before him that the provisions of Order XVI, rule 1 were not mandatory. The learned Additional…

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