PLJ 2024 Lahore 302
It is also true that proviso to Rule 1 of Order XVI, C.P.C. empowers the court to condone the default in filing the list of witnesses within seven days if “sufficient cause” or “good reason” is shown to exist. In this case perusal of the application for summoning of Record Keeper with record of Treasury shows that the application was not filed under any specific rule rather title of the application shows that it was filed under Order XVI read with section 151, C.P.C. and all other enabling provisions of law while at paragraph 5 of the application it was stated that the Record Keeper of Treasury Office, District Lahore along with the relevant record of stamp-paper serial No. 409 dated 15.8.1998 be summoned for recording statement as a court-witness. Same was the request in the prayer clause of the application. It is thus obvious that the production of the witness and the record was claimed as a court-witness which obviously meant that the provision of Rule 14 of Order XVI, C.P.C. was attracted which mandates that where the court at any time considers it necessary to examine any person other than a party to the suit and who is not called as a witness by a party in the suit, the court may of its own motion cause such person to be summoned as a witness to give evidence or to produce any document in his possession, on a day to be appointed; and may examine such person as a witness or require him to produce such document. Rule 14-A of Order XVI, C.P.C. was inserted by the Lahore High Court Amendment which is to the effect that when a witness is summoned by the Court of its own motion under Rule 14 of Order XVI, C.P.C. their diet money, etc. will be paid by such party or parties as the Court may in its discretion, direct.
W.P. No.48863 of 2023
Muhammad Akram v. Haji Ilam Din (deceased) through L.Rs and others
0 Comments