MUHAMMAD AZAM vs MUHAMMAD ANWAR KHAN Ss — 2024 PLD 49 LAHORE-HIGH-COURT-LAHORE

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MUHAMMAD AZAM VS MUHAMMAD ANWAR KHAN Ss. 39, 42 & 54---Civil Procedure Code (V of 1908), O. XVI, R.1---Suit for cancellation of document, declaration, injunction and recovery of mesne profit---List of witness, delay in filing---Term "showing of good cause"---Petitioner/defendant sought filing of list of witnesses on the plea that the same was filed within the stipulated time period but was misplaced by Court official (Ahalmad) due to rush of work---Trial Court dismissed the application filed by petitioner/defendant---Validity--- Under O. XVI, R. 1, C.P.C. parties were required to provide list of witnesses within seven (07) days of settlement of issues---If omission in such regard took place, it was imperative to obtain permission of Trial Court and concerned Court was required to see availability of 'good cause' for excuse from such omission, keeping in view fact of each case and attending circumstances---If Trial Court was satisfied as to availability of good cause then permission could be granted for which reasons were required to be recorded---In order to explain delay of more than one year and to satisfy Trial Court as to availability of 'good cause' for not providing list of witnesses within stipulated time, petitioner/defendant adopted specific stance that original list of witnesses was filed, as directed by Trial Court but it was misplaced by the Ahalmad of Trial Court---Petitioner/defendant instead of showing 'good cause' for the omission, took a fake and false plea and failed to support his stance in the application or to show availability of 'good cause' from record and circumstances of the case---High Court declined to interfere in order passed by Trial Court whereby petitioner/defendant was not allowed to submit list of his witnesses---Revision was dismissed, in circumstances.

MUHAMMAD AZAM vs MUHAMMAD ANWAR KHAN Ss — 2024 PLD 49 LAHORE-HIGH-COURT-LAHORE

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