Sheikh GOODS TRANSPORT COMPANY vs NATIONAL FERTILIZER MARKETING LTD

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

Sheikh GOODS TRANSPORT COMPANY VS NATIONAL FERTILIZER MARKETING LTD. O.XVI, R.1---Suit for damages---Respondent's/plaintiff's application seeking permission to produce witness was allowed by Trial Court---Petitioner/defendant contended that name of such witness was not mentioned in the list and no good cause for omission of name was shown---Phrases "good cause" and "reasons to be recorded"---Scope---Validity---Words "or produced" in between the words "call" and "witnesses" were inserted in sub-Rule (2) of R.1 of O.XVI, C.P.C., through the Lahore High Court Amendment dated 02/10/2001---Court could allow production/summoning of the witnesses at a belated stage upon showing of a "good cause" and for "reasons to be recorded"---Application in question sought to produce witness/Deputy Manager Finance to depose and produce record pertaining to the payments made by the respondent and consequential loss/damages suffered due to non-performance of the defendants, and that such record was necessary for a just/fair decision of the case---No cause, whatsoever, was shown by the respondent for its omission to include name of such witness in the list of witnesses---Impugned order stated that application of the respondent was allowed "in the interest of justice" apparently for the reason that the respondent itself was producing the said witness voluntarily, which was an irrelevant consideration since the Lahore High Court Amendment introduced in the R.1(2) of O.XVI, C.P.C.---No findings were recorded on the importance of the witness in the trial, prejudice, if any, caused to the petitioners and inconvenience, if any, caused to the court---Permission to produce witness had been granted as a matter of routine without recording reasons showing judicious application of mind---Revision petition was accepted, impugned order was set-aside and Trial Court was directed to decide the application in question afresh.

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

Case information

Judgment text as reported

Other judgments reported in 2022 MLD