Seventh XVII R 3 and Section 12 (2) Constitution of Pakistan, Article 199 Constitution Petitioner Applied under Section 12 (2), the CPC applicant sought to summon the witness through court proceedings. However, its evidence was sealed under the provisions of the OO. XVII R 17, CPC Accuracy When the applicant mentioned his name in the list of witnesses, it was then the duty of the trial court to ask the applicant to record his evidence and his failure / In the case of neglect / denial, it was unacceptable that the petitioner's request for absence of other evidence of the applicant was not the sole basis for withholding his defense under OXVII R 17 CPC. He should have made it otherwise he had four witnesses. The High Court directed the trial court to grant the applicant an opportunity to record his statement, in which case, a constitutional application was allowed
Related judgments — Peshawar High Court NWFP, 2013
