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Initializing Secure Chambers
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Initializing Secure Chambers
Petitioner: MUHAMMAD SHARIF AND Others VS Respondent: AHMAD YAR AND Other
Court Name: Supreme Court of Pakistan Judge(s): M. S. H. Qureshi, Karam Elahi Chauhan Title: MUHAMMAD SHARIF AND Others vs AHMAD YAR AND Other Case No.:Criminal Review No. 1385 of 1978 Civil Petition for Special Leave to Appeal
No. 580 of 1979 Date of Judgment:1981-08-24 Reported As: 1982 SCMR 1200 (1) Result: Leave granted Judgment ORDER KARAM ELAHEE CHAUHAN,J.-Leave is granted to consider whether the refusal of the learned Civil Judge to examine the witnesses whom the petitioners had brought with them in Court on the relevant date, was legally justified on the ground that the petitioner had not filed a list of witnesses after settlement of issues under Order XVI(1), C. P. C. It is argued that the bar contained in Order XVI(1) and (2) is regarding witnesses who were intended to be called through Court and not regarding those witnesses who were brought by a party with him on the date fixed for recording his evidence. He refers to A Ghulam Murtaza v. Muhammad Ilyas and others (PLD 1980 Lah. 495). For the purpose of showing that the impugned order even otherwise was not justified reference is made in Chhabba Ram v. Nathu Ram (AIR 1941 Lah. 38). Security Rs. 2,000. The case should be fixed for hearing at an early date.