1. KHILJI ARIF HUSSAIN, J.--- Vide order, dated 5-4-2005, the dispute between the parties was referred to sole Arbitrator to decide the same within four months from the date of entering the Reference. Apparently parties filed claims before the learned Arbitrator and on behalf of the plaintiff some evidence has been recorded. Various documents in support of claim were filed by the plaintiff and admission and denial was carried out as ordered by the sole Arbitrator. It is stated by the learned counsel for the defendants that the plaintiff produced photocopies of the record, the contents whereof he has not disputed, but he disputed the admissibility of the documents as the same were illegally procured by the plaintiff. The plaintiff filed this application under section 30 read with Order XVI, rule 6, C.P.C. to direct the defendants to produce witnesses named in the application.
2. Order XVI read with section 31, C.P.C. provides procedure for summoning and attendance of witnesses. Rule 1 of Order XVI, C.P.C. requires that not later than seven days after the settlement of issues parties are required to file list of witnesses whom they propose to call either to give evidence or to produce documents and a party shall not be permitted to call/produce witnesses other than those contained in the said list, except with the permission of Court.
3. Although a general rule of Code of Civil Procedure applicable to all proceedings of civil nature, but the scheme of Arbitration Act, 1940 is to curtail litigation in regular Court to get disputes settled by avoiding all types of technicalities of procedural law. In the case of Messrs Haji Hasham Haji Ahmed & Bros. v. Messrs Trading Corporation of Pakistan Ltd. Karachi PLD 1977 Kar. 480, learned Single Judge of this Court held that the technical rules of procedure contained in the Code of Civil Procedure are not extended to arbitration proceedings.
4. In the case of Abdul Sattar Mandokhal v. Port Qasim Authority 2000 YLR 758, it has been held that provisions of C.P.C. are made available to all the proceeding before the Court and not be Arbitrator.
5. Order XVI, rule 6, C.P.C. provides to summon any person to produce the documents without being summoned to give evidence. However, during the course of the arguments Mr. Khalid Mahmood Siddiqui, learned counsel for the plaintiff, stated that since the defendants have denied the claim of the plaintiff and questioned the admissibility of the documents in order to prove his claim, he would like to call persons named in the listed application as witnesses. Article 1 of Qanun-e- Shahadat, 1984 excluded its applicability to a proceeding before an Arbitrator. I would not like to discuss the issue in detail whether the evidence of the persons called by the plaintiff through listed application is necessary or not, but I would like to observe that no provision of law has been pointed out under which Court can put restriction upon the right B of a party to examine witnesses in support of his claim. It is for the Court/Arbitrator at the time of recording the evidence to see whether the questions put to the witnesses are relevant to the dispute in the matter or not, but he request to call a witness except in exceptional circumstances cannot been denied. Since the defendants have question the admissibility of the documents, perhaps plaintiff wants to produce the documents, photocopies whereof he had produced, through said witnesses to overcome the objections taken by the defendants. Be that as it may, since the parties are not required to file list of witnesses within seven days from the date of framing of the issues, as required under Order XVI, rule 1, C.P.C. before an Arbitrator, nor the learned Arbitrator has directed the parties to file the same, the plaintiff cannot be denied his right to examine the witnesses before he closes his evidence.
6. For the foregoing reasons listed application is granted. Office is directed to issue the summons to the persons named in the listed application to appear before the learned Arbitrator for a date when matter is listed before him, which date will be informed by the parties.