2017 MLD 1908 LAHORE-HIGH-COURT-LAHORE
Civil Law I
O. XVI—-Constitution of Pakistan, Art. 199—Constitutional petition—Summoning and attendance of witnesses—Procedure—Dismissal of case in default of producing summoned witnesses—Duty of court to procure attendance of witnesses—Petitioner filed application for summoning of witnesses, which was allowed by Trial Court—Petitioner got recorded his own statement and that of other witnesses, but he could not procure attendance of summoned witnesses on fixed date—Trial Court closed evidence of petitioner and fixed case for evidence of respondents—Petitioner assailed order of Trial Court through revision which was dismissed—Contention raised by petitioner was that impugned order of Trial Court was violative of O. XVI, C.P.C., and the Trial Court having allowed application for summoning of witnesses was bound to adopt all measures for procuring their attendance—Validity—Rule 1 of O. XVI, C.P.C. contemplated that parties should present in court a certificate of readiness to produce evidence along with List of witnesses proposed to call or produce either to give evidence of issues and no party should be permitted to call or produce witnesses other than those contained in said list, except with permission of court and after showing cause for omission of said witnesses from the list—Petitioner had invoked the powers ordained in O.XVI, C.P.C. by moving application to that effect, which was allowed by Trial Court and expenses were deposited by petitioner—Court was bound to move on its own coercive machinery provided under O. XVI, C.P.C. for procuring attendance of witnesses named in the list of witnesses, and the court could not shift responsibility towards petitioner—Trial Court passed impugned order in derogation of mandatory provision of O. XVI, C.P.C.—Revisional court while dismissing the revision petition, failed to rectify the legal error committed by Trial Court in exercise of jurisdiction vested under S. 115, C.P.C.—Impugned orders of courts below could not sustain under the law—High Court accepting petition, set aside orders of courts below, and directed the Trial Court to adopt all possible measures for procuring attendance of summoned witnesses—Petition was accepted accordingly.