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MST. RUKHSANA BIBI versus MUHAMMAD ANSAR


O XVI, R 1 (2), O XVIII, R 4 & O XXXVII, Rr 2 and 3 do not register the list of witnesses for the recovery of the amount of effect The plaintiff listed the witnesses list within seven days after the legal period. Had failed to do. Upon settling the cases, the pending payment of Rs 200 was approved, even after the date of hearing of the witnesses was not filed, after which the petitioner dismissed the petition for presenting the testimony. The question was whether the trial court has jurisdiction to allow the examination? Witnesses not mentioned in the list of witnesses Not included in the list of witnesses The witnesses were allowed to be examined under OXVI, R1, CPC, to allow the examination of witnesses, which showed good cause. And it was sufficient reason that the plaintiff was a woman not aware of the technical ability to submit or list the witnesses under Order XVI, R 1, the CPC clearly stated Was denied his testimony because his list was not submitted. However, AXVIII, R 4, CPC did not deprive the plaintiff of his right to present evidence and under the said principle the court was bound to record the evidence of the witnesses in attendance where, in any case, the court Adhere to one of the provisions that support the administration of justice should its principles be followed

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