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Civil Revision No. 1482 of 1978, decided on 18th January, 1983.

O. XVI, r. 1 and S: l I5‑Revision‑Evidence, production of‑ Witnesses‑Government servants originally included in list of witnesses‑Not possible for petitioner to produce them in Court at his risk and responsibility‑Order of trial Court to summon witnesses at party's risk set aside and witnesses allowed to be summoned through Court.‑[Witness].

Ch. Nabi Ahmad for Appellants.

Rana Irlikhar Ahmad for Respondent.

Date of bearing : 19th January, 1983.

This is a revision under section 115, Civil Procedure Code, against the order, dated 21st June, 1978 passed by Civil Judge, Samundari, allowing plaintiff‑petitioner to produce witnesses at his own responsi bility and disallowing his request to summon the witnesses through Court.

2. Learned counsel for 'the petitioner has argued that petitioner is handicapped in respect of the Government servants who cannot be produced in Court by the petitioner at his own responsibility. Accord ing to him Dr. Aftab Ahmad and Dr. A. A. Aziz are Government servants and in respect of these two Witnesses the learned Civil Judge ought to have allowed the plaintiff‑petitioner to summon them through Court particularly when previously the Court had allowed time to be summoned through Court. The learned counsel for the respondents has submitted that no notice of the original application of the petitioner for summoning witnesses through Court was given to the respondents, that Dr. Aftab Ahmad had earlier been examined by Court and that the medical certificate issued by Dr. A. A. Aziz was placed on record at a late stage on the objection of the respondents only due to which he cannot be examined as a witness. Lastly, learned counsel for the respondents has submitted that this petition of revision is barred by time.

3. Parties are required under Order XVI, rule 1, Civil Procedure Code to file list of witnesses to be summoned through Court within seven days of the settlement of issues. Originally plaintiff failed to do so but the delay was condoned by the trial Court and plaintiff was permitted to summon the witnesses contained to the list of witnesses filed by him through Court. Both Dr. Aftab Ahmad and Dr. A. A. Aziz are Government servants who cannot be produced in Court by the party at his own risk and responsibility. The objection with regard to both of them, if any, may be taken by the respondents at the time they are examined. There is no limitation for revision and this petition cannot be said to be barred by time. In the interest of justice I direct that the witnesses of the petitioner included in his list originally filed who are Government servants be summoned through Court. This petition of revision is accepted and order of the trial Court dated 21st June, 1978 is set aside to this extent. The parties are left to bear their own costs.

The record shall go back to the Court of Civil Judge 1st Class, Samundari and parties shall appear in that Court on 19th February, 1983.

M.Y.H. Petition accepted.

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