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HAKIM HABIBUL HAQ versus AZIZ GUL


Witnesses XVI, Rr 1 and 10, unable to present their received testimony to the party and refusing the applicant's legal status regarding applying for court proceedings to summon the witness's attendance court. Attempted to be sought by the court. He was the one who was also included in the list of witnesses presented by the appellant. Although it was the responsibility of a party to present their witnesses, but when they reported their failure in it and applied for a court action to attend it, to deny such a request. No permission was given in the law. To be summoned through the court process was the same as the list of witnesses presented by the appellant as such, so when the appellant reported his inability to produce his testimony, The evidence of the witness can not be overlooked lightly. Asked to approach the court, it should not have been denied because it would be a clear case of failure to exercise jurisdiction under which the appeal was allowed, the injunctive orders were set aside and the witness was summoned. Appellant's request to do so was allowed.

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