5062/2023 Const. P. Arshad Ali (Petitioner) V/S Furqan uddin Usmani and Others (Respondent)

Sindh High Court2023

Bench: Hon'ble Chief Justice Mr. Justice Muhammad Shafi Siddiqui, Hon'ble Mr. Justice Jawad Akbar Sarwana(Author)

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5062/2023 Const. P. Arshad Ali (Petitioner) V/S Furqan uddin Usmani and Others (Respondent) Sindh High Court Bench: Hon'ble Chief Justice Mr. Justice Muhammad Shafi Siddiqui, Hon'ble Mr. Justice Jawad Akbar Sarwana(Author) Order Date: 20-OCT-23 Petitioner did not file a List of Witnesses under Order 16 Rule 1 CPC at the appropriate stage of the trial. Application to introduce material witnesses to Sale Agreement as Defendant Witnesses dismissed (by trial court???s Order dated 11.01.2022). Subsequently, an Application to summon Government Officers as Court witnesses was also dismissed (by trial court???s order dated 28.05.2022). In Civil Revision and, again in Petition, the Court cannot consider the trial court???s Order dated 11.01.2022 in a Petition/Revision, which challenges the trial court???s order dated 28.05.2022 and vice versa as pleaded in a separate Petition. Court ability to mould relief in writ jurisdiction constrained under Article 199 of the Constitution.
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