Citation Name: 2023 CLC 613 PESHAWAR-HIGH-COURTBookmark this Case MUHAMMAD SAJID vs IBRAR GUL S — 2023 CLC 613 PESHAWAR-HIGH-COURT

Case information

Citation: 2023 CLC 613 PESHAWAR-HIGH-COURT
Court: Peshawar High Court
Year: 2023
Reporter: CLC
Parties: Citation Name: 2023 CLC 613 PESHAWAR-HIGH-COURTBookmark this Case MUHAMMAD SAJID vs IBRAR GUL S
Subject matter: Civil
Provisions referred to: S. 115

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

Citation Name: 2023 CLC 613 PESHAWAR-HIGH-COURTBookmark this Case MUHAMMAD SAJID VS IBRAR GUL S.115, O.XVIII, R.17, O.XXXVII, Rr.2 & 3--- Suit for recovery of money on the basis of pro-note---Re-summoning of witness---Principle---Petitioner / plaintiff sought re-summoning of a witness which permission was denied by Trial Court---Validity---Provision of O.XVIII, R.17, C.P.C. was not meant and not designed for the purpose of enabling a party to fill up omissions in evidence of a witness who was already examined---Purpose, nature and scope of power available to Court under O.XVIII, R.17 C.P.C. was to enable Court to seek clarification on any issue or to have a doubt cleared in statement of that witness which if left outstanding would be difficult for the court to take a right decision---Case set out by petitioner / plaintiff for re-summoning of witness under O. XVIII, R.17, C.P.C. did not qualify the test---Whole proceedings took place before Trial Court who had rightly dismissed application filed by petitioner /plaintiff---High Court declined to interfere in order passed by Trial Court as there was no illegality or irregularity committed by Trial Court---Revision was dismissed in circumstances.

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