| Case ID |
3cee50c1-d69a-40c5-b39b-7b945627ee17 |
| Body |
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| Case Number |
Civil Petition No. 720 of 2020 |
| Decision Date |
Sep 28, 2020 |
| Hearing Date |
Sep 28, 2020 |
| Decision |
The Supreme Court of Pakistan allowed the appeal of the petitioner against the decision of the Islamabad High Court that had reversed the order of the appellate court. The appellate court had granted the petitioner's application under Order XVI, Rule 1 of the Code of Civil Procedure, allowing the production of witnesses. The Supreme Court emphasized that the High Court must not interfere with the discretion of lower courts unless there are jurisdictional, factual, or legal errors. The ruling clarified that the embargo under Order XVI, Rule 1 does not apply to witnesses that parties voluntarily produce, thus allowing the petitioner to present witnesses on the day of recording evidence, reinforcing the principles of fair trial and the rights of litigants to substantiate their claims without undue restrictions. |
| Summary |
This case revolves around the interpretation of the Civil Procedure Code, particularly Order XVI, which governs the summoning and attendance of witnesses. The Supreme Court of Pakistan deliberated on whether the embargo on calling witnesses applies to those voluntarily produced by parties. The ruling underscored the importance of safeguarding litigants' rights to present evidence while preventing surprises during trials. The court's decision to allow the petitioner's appeal reinstated the appellate court's ruling, emphasizing that procedural delays should not bar a party from producing relevant evidence. The case highlights key legal principles such as the balance between procedural rules and the right to a fair trial, the significance of presenting witnesses timely, and the discretion of courts to allow evidence based on just cause. This decision is crucial for legal practitioners navigating civil litigation, reinforcing the need for clarity in procedural applications and the importance of the courts' role in ensuring justice is served. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
Sardar Tariq Masood,
Sajjad Ali Shah
|
| Lawyers |
Syed Mastan Ali Zaidi,
Mehmood A. Sheikh,
Syed Zulfiqar Abbas Naqvi,
Syed Rifaqat Hussain Shah
|
| Petitioners |
Amjad Khan
|
| Respondents |
Muhammad Irshad (Deceased) through LRS
|
| Citations |
2020 SLD 2439,
2020 SCMR 2155
|
| Other Citations |
Muhammad Anwar Ali v. Ilyas Begum PLD 2013 SC 255,
Sher Baz Khan v. The State PLD 2003 SC 849,
Javed Rafat Khan v. Messrs Shabbir Tiles and Ceramics Ltd. PLD 2005 Kar. 1,
Mst. Mobin Fatima v. Muhammad Yamin PLD 2006 SC 214,
Nadira Shahzad v. Mubashir Ahmad 1995 SCMR 1419,
Ghulam Murtaza v. Muhammad Ilyas PLD 1980 Lah. 495
|
| Laws Involved |
Civil Procedure Code (V of 1908)
|
| Sections |
14,
1,
2
|