433/2000 Suit MRS. SHABINA AZIZ (Plaintiff) V/S STATE LIFE INSURANCE CORP. OF PAKISTAN (Defendant)
Sindh High Court
Bench: Hon'ble Mr. Justice Nazar Akbar
Order Date: 10-OCT-13
(a) Civil Procedure Code (V of 1908)--- ----O. XVI, R. 1(2)---Limitation Act (IX of 1908) S.3---Summoning and attendance of witnesses---Object, scope and nature of O.XVI R.1, C.P.C.---List of witnesses, non-filing of---Provisions of O.XVI, R.1, C.P.C. were mandatory---Use of the word "shall" in O.XVI, R.1(1), C.P.C. was re-emphasized with a prohibition that the party "shall not" be permitted to call witnesses other than those in the said list except with the permission of the court on showing "good cause" for the omission of said witnesses from the list---Time limit was an essential requirement of O.XVI, R.1, C.P.C. for seeking any relief with respect to summoning and attendance of court witnesses---Limitation of seven days was imposed so that the other side should be well aware of possible evidence expected in the case to meet it in rebuttal---Such limitation, if was allowed to be flouted with impunity, then the parties would keep on surprising each other by introducing witnesses and documents in evidence---After seven days from the time of framing of issues, upon failure to file list of witnesses, a statutory right was accrued in favour of opposite party which was; that even if evidence was available with a party such evidence shall not be used by the party having such evidence in their possession---Said right was analogized to the right of parties under S.3 of the Limitation Act, 1908---Rights survived but the remedy was extinguished---Evidence may be available but its effect was barred seven days after framing of issues by the court---Not only the "good cause" had to be shown by the delinquent party for calling a witness through the court but at the same time the applicant was required to explain the delay in disclosing the name of the witness---Failure of party to explain such delay would disentitle such party from getting relief and it would be against the spirit of the law to causally condone the time limit given in O.XVI, R.1, C.P.C. in the name of doing justice on merit. Muhammad Umar Mirza v. Waris Iqbal and others 1990 SCMR 964; 2008 YLR 1871 and 2008 CLC 1334 rel. (b) Administration of Justice--- ----Submission of irrelevant case-law by counsel appearing in court---Complaint of overwork in the judiciary was one of the basic obstacles in the administration of justice and it was not for the courts alone to administer justice and ensure that justice was not denied on account of inordinate delay in the disposal of cases---Each and every lawyer appearing in court had an equal responsibility to ensure that they should not consume the time of the court out of proportion to the issue in hand on the date of hearing---Very valuable time of the court can be consumed in the reading of case-law submitted by counsel and if such case-law was not relevant, it was one of the major contributing factor in the delay of administration of justice----Counsel were expected to be brief and to the point to help save time of the courts which in turn would utilized by the courts in disposal of other cases particularly the old cases.Full judgment text for this case is not yet available on Pakistan Law Reports. Check the official Sindh High Court case law portal for the complete order.
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