Citation Name: 2023 YLR 431 LAHORE-HIGH-COURT-LAHOREBookmark this Case MUHAMMAD NAZEER vs GHULAM MUSTAFA O

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Citation Name: 2023 YLR 431 LAHORE-HIGH-COURT-LAHOREBookmark this Case MUHAMMAD NAZEER VS GHULAM MUSTAFA O.XVI, R. 1---Summons to attend to give evidence or produce documents---Summoning witnesses other than those mentioned in list of witnesses---Good cause---Inadvertent omission---Scope---Petitioner/Plaintiff filed an application for summoning of witnesses by pleading that evidence of the said witnesses was necessary for just decision of the case---Names of said witnesses were not mentioned in the list of witnesses and the only cause disclosed in the application was an inadvertent mistake---Trial Court dismissed the application for summoning the witnesses--- Validity--- Order XVI, R. 1(2), C.P.C., provided that the party could only call those witnesses which it had proposed to call--- Specific prohibition was placed, preventing a party to call the witnesses and even to produce witnesses other than those whose names were mentioned in the list required to be filed under O. XVI, R. 1(1), C.P.C.---Said provision was a mandatory provision of law as it entailed serious consequences of precluding a party from calling, through aid of Court, or even to produce the witnesses if their names did not appear in the requisite list---Delinquent party was allowed to make up its default and seek indulgence of the Court to summon and produce the witnesses but only after meeting and fulfilling the condition of good cause for the omission of the witnesses from the list---Inadvertent mistake was a lame excuse and did not appeal to judicious conscience or satisfy the mandate of law---Revision petition was dismissed. Citation Name: 2023 YLR 431 LAHORE-HIGH-COURT-LAHOREBookmark this Case MUHAMMAD NAZEER VS GHULAM MUSTAFA O. XVI, R. 1---Summons to attend to give evidence or produce documents---Summoning witnesses other than those mentioned in list of witnesses---Scope---Court is bound to record reasons for a permission to call or produce witnesses other than those mentioned in the list of witnesses---Court can only record reasons for permission if the subsequent application exhibits good cause for an earlier delinquency---Wisdom of public policy and law in this regard is that an adversary should not be taken by surprise in the course of trial and the parties before the commencement of trial, must be aware and should be fully prepared as to what kind of evidence is expected to be given by the witnesses of the opposite side, so that they can make necessary preparation for the cross-examination---Wisdom of law also targets to prevent the concoction and fabrication of evidence and to make up the litigants during the course of trial, meaning thereby to bind the parties to such genuine evidence which is available to them at the time of initiation of the trial---Intention of the legislature is to curb a situation where party to the suit should not subsequently fudge witnesses to make up their deficiencies. Citation Name: 2023 YLR 431 LAHORE-HIGH-COURT-LAHOREBookmark this Case MUHAMMAD NAZEER VS GHULAM MUSTAFA O. XVI, R. 1---Summons to attend to give evidence or produce documents---Summoning witnesses other than those mentioned in list of witnesses---Good cause---Scope---No hard and fast rule and absolute criteria can be set forth as benchmark to test if a case of omission to file the list of witnesses or a name in such list is on account of "good cause" as it depends upon the facts of each case, however, the party in default has to show a legally sufficient reason, why a request should be granted or its inaction/ omission should be excused---Good cause should appeal to judicial conscious of the Court with justified reasons, as a party in default cannot as a matter of right or as a matter of course, without assigning any good cause for the omission ask for calling the witnesses to be summoned or to be produced only on account of a lame excuse and reasons and bald assertion.

Citation Name: 2023 YLR 431 LAHORE-HIGH-COURT-LAHOREBookmark this Case MUHAMMAD NAZEER vs GHULAM MUSTAFA O — 2023 YLR 431 LAHORE-HIGH-COURT-LAHORE

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