| Case ID |
36c2f793-c9e8-447a-97ef-1f959ce7bf5d |
| Body |
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| Case Number |
Civil Revision No. 66 of 2014 |
| Decision Date |
Jan 22, 2014 |
| Hearing Date |
|
| Decision |
The Lahore High Court dismissed the Civil Revision filed by the petitioners challenging the order of the Trial Court dated 12-11-2013. The petitioners had sought to summon two witnesses whose names were not included in the original list submitted after the issues were framed. The Court held that the Trial Court acted within its jurisdiction as per Order XVI, Rule 1 of the Civil Procedure Code, which mandates that a list of witnesses be submitted within seven days after the settlement of issues. The Court emphasized that a party may produce witnesses not listed only upon showing good cause for their omission. The petitioners failed to demonstrate such cause, and thus the Trial Court's decision was upheld, leading to the dismissal of the revision petition in limine. |
| Summary |
This case involves a Civil Revision filed in the Lahore High Court regarding the dismissal of an application to summon witnesses not included in the original witness list. The petitioners, Khur-Ram Ali Shah and others, sought to summon Muhammad Akram and Muhammad Asghar after the closure of their oral evidence. The Trial Court dismissed their application on grounds that the names of the witnesses were not included in the submitted list, as required by the Civil Procedure Code. The Lahore High Court affirmed the Trial Court's decision, highlighting the procedural requirements for summoning witnesses and the necessity for showing good cause for any omissions. This ruling underscores the importance of adhering to procedural rules in civil litigation, ensuring that all parties are afforded the opportunity to present their case while maintaining the integrity of the judicial process. The decision is significant for practitioners in civil law, as it clarifies the limitations imposed on parties regarding witness summoning and reinforces the need for compliance with established legal protocols. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
M. Sohail Iqbal Bhatti, J
|
| Lawyers |
Syed Mumtaz Hussain Sherazi
|
| Petitioners |
Khur-Ram Ali Shah
|
| Respondents |
Bahadar Khan
|
| Citations |
2014 SLD 2519,
2014 YLR 1025
|
| Other Citations |
2011 YLR 2393,
1988 CLC 2218,
2012 MLD 922,
2005 MLD 688
|
| Laws Involved |
Civil Procedure Code (V of 1908)
|
| Sections |
O. XVI, R. 1
|