SIFTAN versus MUHAMMAD ANWAR

7th XVII r 3 Filled summons, Government officials were summoned to seek the non-availability of witnesses, the parties could not be obliged to produce such testimony in the case of lower court orders and The trial court ordered that the deposed witnesses be summoned [witnesses]

1981 C L C 1653

[Lahore]

Before Khurshid Ahmad, J

Mst. SIFTAN‑‑Petitioner

versus

MUHAMMAD ANWAR AND 2 OTHERS‑‑ Respondents

Regular Second Appeal No. 567 of 1977, decided on 10th February, 1980.

Civil Procedure Code (v. of 1908) ‑

‑‑ O. XVII. r. 3‑Filled summons, non‑supply of‑‑Witnesses required to be summoned Government officials‑Held, parties could not be bound to produce such witnesses‑Orders of lower Courts set aside in circumstances of case and trial Court directed to summon witnesses required to depose.‑ [Witness].

Bishiri Bibi v. Aminuddin P L D 1973 S C 45 rel.

Zia Mahmood Mirza for Appellant.

Ch. Muhammad Abdul Wahid for Respondents.

Dates of hearing : 6th and 10th February, 1980.

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