| Case ID |
e149a8bb-edf2-47af-93df-926d6a7b45d6 |
| Body |
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| Case Number |
W.P. No. 499-D with C.M. No. 525-D of 2015 |
| Decision Date |
Jul 06, 2017 |
| Hearing Date |
|
| Decision |
The Peshawar High Court dismissed the constitutional petition of Haji Khadim Hussain and others seeking to summon additional witnesses after the closure of evidence. The Court found that the petitioners had failed to submit a list of witnesses within the statutory period of seven days as required by the Civil Procedure Code. The Court emphasized that permission to call witnesses not included in the list could only be granted upon showing good cause for the omission, which was not adequately demonstrated in this case. The dismissal of the petition was upheld, affirming the procedural requirements set forth in the Civil Procedure Code. |
| Summary |
In the case of Haji Khadim Hussain and Others vs. Azmatullah and Others, the Peshawar High Court addressed a significant issue related to the procedural requirements for calling witnesses in civil proceedings under the Civil Procedure Code (V of 1908). The case revolved around the petitioners' attempt to include additional evidence after the closure of their evidence in a suit for declaration regarding property ownership. The Court ruled that the petitioners failed to comply with the mandatory requirement of submitting a list of witnesses within the stipulated timeframe, thereby denying their request to call witnesses not previously listed. This decision underscores the importance of adhering to procedural rules in civil litigation and highlights the necessity for parties to present comprehensive evidence within the designated timelines to ensure fair and just proceedings. The ruling serves as a precedent for similar cases, reinforcing the need for meticulous adherence to civil procedure rules to avoid dismissal of petitions based on procedural grounds. |
| Court |
Peshawar High Court
|
| Entities Involved |
|
| Judges |
SHAKEEL AHMAD, JUSTICE
|
| Lawyers |
Ahmad Ali Khan for Petitioners,
Ch. Muhammad Shahid and Adnan Ali Khan, A.A.G. for Respondents
|
| Petitioners |
,
HAJI KHADIM HUSSAIN
|
| Respondents |
,
AZMATULLAH
|
| Citations |
2018 SLD 2486,
2018 YLR 2499
|
| Other Citations |
Not available
|
| Laws Involved |
Civil Procedure Code (V of 1908)
|
| Sections |
O.XVI,Rr.1,
O.XVI,Rr.2
|