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NAEEM AKHTAR versus ADDITIONAL DISTRICT JUDGE

A. XVI and Rr. 1 and 2 of the Special Relief Act (I of 1877), Section 12 of the Constitution of Pakistan (1973), Article 199 of the failure to timely submit the list of witnesses for the specific performance of the contract to sell the constitutional application. Subsequent effective trial court cases, instructing the parties to submit their list of witnesses within seven days, which the plaintiffs who failed to present the witnesses list on time, filed a request for permission to summon the two witnesses, This application was made subject to payment of costs through the trial court and then the appellate court. The plaintiff challenged the orders of the courts below through a constitutional petition, it was true that without express cause and without permission from the court, anyone other than those listed under XVI, R 1 Cannot ask for permission to testify or to testify. , CPC, but the court should not become a useless spectator without considering the error of not presenting the list, which was generally considered as a lawyer's act and was not aware of the requirements of the legal proceedings and the list of witnesses The filing was part of the activity of consultation by the parties to perform such an act and especially when there was no serious prejudice. For the other party, no one can be penalized The court should not deny the legal rights of a party on the basis of mere merits or the other party may suffer prejudice due to non-performance of the rule required, In the present case, no list was submitted by the lawyer. Within a stipulated time for the plaintiff, but the authority requested the court to discharge it best advocate from Islamabad lawyer