| Case ID |
0a0eeefa-d09f-4158-a0a2-0f0af8700c7a |
| Body |
View case body. Login to View |
| Case Number |
Civil Petition No.1947-L of 2008 |
| Decision Date |
Oct 25, 2012 |
| Hearing Date |
|
| Decision |
The Supreme Court dismissed the petition filed by the petitioners, affirming the lower court's decision. The court emphasized the importance of adhering to procedural rules, specifically that parties must submit a list of witnesses within the stipulated time frame. The petitioners failed to demonstrate 'good cause' for their omission, leading to the dismissal of their request to summon additional witnesses. The court highlighted that the legal framework requires strict compliance to prevent surprises during trial and to ensure that all parties are adequately prepared. The imposition of costs was also noted, as the petitioners unnecessarily prolonged the litigation process. |
| Summary |
This case revolves around the procedural requirements for summoning witnesses under the Civil Procedure Code (V of 1908). The Supreme Court of Pakistan ruled on the necessity of adhering to the established timelines for submitting witness lists, emphasizing the principle that no party should be taken by surprise during trial proceedings. The petitioners' failure to provide a valid reason for their omission led to the dismissal of their appeal. The court reinforced that procedural compliance is critical in upholding the integrity of the judicial process. The ruling addresses key concepts of 'good cause' and the role of the court in evaluating such requests, thereby contributing to the understanding of legal procedures in Pakistan. This case is a significant reference for legal practitioners regarding the importance of procedural diligence and the consequences of neglecting statutory requirements. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
MIAN SAQIB NISAR,
SH. AZMAT SAEED
|
| Lawyers |
Ch. Ali Muhammad, Advocate Supreme Court,
A.H. Masood, Advocate-on-Record for Petitioners,
Taki Ahmed Khan, Advocate Supreme Court,
Mian Ghulam Hussain, Advocate-on-Record for Respondent No. 1
|
| Petitioners |
others,
MUHAMMAD ANWAR
|
| Respondents |
others,
Mst. ILYAS BEGUM
|
| Citations |
2013 SLD 1458,
2013 PLD 255
|
| Other Citations |
Arjun Singh v. Mohindra Kumar and others AIR 1964 SC 993,
Utility Store Corporation of Pakistan Limited v. Punjab Labour Appellate Tribunal and others PLD 1987 SC 447,
Muhammad Hussian Munir v. Sikandar PLD 1974 SC 139,
Qamar-ud-Din v. Muhammad Din and others PLD 2001 SC 518,
Muhammad Ashraf Butt and others v. Muhammad Asif Bhatti and others PLD 2011 SC 905,
Noor Muhammad v. Sarwar Khan and 2 others PLD 1985 SC 131,
Habib Ullah v. Azmat Ullah PLD 2007 SC 271
|
| Laws Involved |
Civil Procedure Code (V of 1908)
|
| Sections |
O. XVI, Rr. 1(1),
O. XVI, R.1(2)
|