Citation Name: 2023 YLR 37 LAHORE-HIGH-COURT-LAHOREBookmark this Case Syed QALANDAR HUSSAIN SHAH vs ADDITIONAL

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Citation Name: 2023 YLR 37 LAHORE-HIGH-COURT-LAHOREBookmark this Case Syed QALANDAR HUSSAIN SHAH VS ADDITIONAL DISTRICT JUDGE O. XVI, R.1---List of witnesses---Matter to be decided on merit---Respondent/ plaintiff filed suit for specific performance of contract on basis of oral agreement to sell against petitioner/ defendant---Issues were framed and parties were directed to submit their list of witnesses within seven (7) days but petitioner/defendant had no knowledge about the said order---When evidence of respondent/plaintiff was closed then it came into knowledge of petitioner/ defendant that list of witnesses was not submitted by petitioner within time---Petitioner/defendant filed an application before Civil Court for submitting list of witnesses which was dismissed---Petitioner filed a civil revision before Revisional Court which was also dismissed---Held, that order sheet appended with the petition revealed that on 10..03.2016 application filed by respondent for temporary injunction was allowed and after farming of issues Trial Court directed the parties to submit list of witnesses and certificate for readiness to produce evidence within seven (7) days, said order was passed by Trial Court in presence of both parties---Suit was adjourned on many dates for recording of evidence of the plaintiff and evidence of respondents witnesses was recorded and counsel for the petitioner conducted cross-examination upon them---Plaintiff produced his documentary evidence and then the case was fixed for evidence of petitioner/defendant---Counsel for the petitioner filed an application before Trial Court for submitting list of witnesses at belated stage which was dismissed by Trial Court, which mean that counsel for the petitioner had been appearing in the Court but did not file application for submitting list of witnesses---Counsel for the petitioner requested for only one opportunity to submit list of witnesses, even on payment of costs as valuable rights of the petitioner were involved in the matter---Petition was allowed by High Court and Trial Court was directed to grant only one opportunity and fixed a date for submitting list of witnesses by the petitioner and if the cost imposed was not paid or list of witnesses was not submitted on the fixed date as directed, Trial Court should proceed with the matter in accordance with law. Citation Name: 2023 YLR 37 LAHORE-HIGH-COURT-LAHOREBookmark this Case Syed QALANDAR HUSSAIN SHAH VS ADDITIONAL DISTRICT JUDGE Technicalities of procedure ought to be avoided and matter should be decided on merits---Petition was allowed.

Citation Name: 2023 YLR 37 LAHORE-HIGH-COURT-LAHOREBookmark this Case Syed QALANDAR HUSSAIN SHAH vs ADDITIONAL DISTRICT JUDGE O — 2023 YLR 37 LAHORE-HIGH-COURT-LAHORE

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