Sheikh GOODS TRANSPORT COMPANY vs NATIONAL FERTILIZER MARKETING LTD — 2022 MLD 121 LAHORE-HIGH-COURT-LAHORE

Case information

Citation: 2022 MLD 121 LAHORE-HIGH-COURT-LAHORE
Court: Lahore High Court
Year: 2022
Reporter: MLD
Parties: Sheikh GOODS TRANSPORT COMPANY vs NATIONAL FERTILIZER MARKETING LTD
Subject matter: Criminal

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

Sheikh GOODS TRANSPORT COMPANY VS NATIONAL FERTILIZER MARKETING LTD. O.XVI, R.1---List of witnesses---Omission to mention name of witness---Granting permission to produce witness at belated stage---"Good cause" and "reasons to be recorded"---Scope---Reason for omission of a name from the list of witnesses had to be legally justifiable to fulfil the requirement of "good cause", and bald claims that it was in the interest of justice or it was to facilitate the court in deciding the matter would not be a legally sufficient reason for that purpose---Such requirement had been imposed apparently to keep a judicial check on unbridled/absolute discretion of the court---What would qualify to be valid reasons for the grant of permission under O.XVI, R.1(2), C.P.C., had been a subject matter of judicial discourse---Primary focus of the Court was to be on the points: firstly, how the permission sought to produce witness not mentioned in the list of witnesses, if not granted, could curtail access to justice of the applicant; secondly, how much administration of justice was likely to be burdened in the proceedings before the court if the permission sought was granted; and thirdly, how the right to fair trial as enshrined in Art.10A of the Constitution would be curtailed by the grant/refusal of such an application---Such a focus would shift away from technical knockout of the litigants for their omissions and inefficiencies.

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