' ABDUL WAHEED KHAN, J.---Brief facts of the case are that in a suit for maintenance allowance filed by respondents Nos.2 and 3, after conclusion of the evidence of both the parties on 18-10-2011, the petitioner/defendant filed an application for producing Allah Rakhan and Ashraf Ali as his witnesses. The said application was contested and dismissed vide order dated 17-12-2011 as according to Judge Family Court, Okara, the written statement was not accompanied by a list of witnesses.
Counsel for the petitioner submits that statements of the aforementioned witnesses are necessary for the just decision of the case as according to him, respondent No,2 received the dowry articles in their presence.
2. Conversely, counsel for the respondents submits that since the petitioner/defendant failed to file the list of witnesses along with the written statement, his request for producing some other witnesses has rightly been declined.
3. Counsel for the petitioner has been heard.
4. Proviso to section 7(2) of the Family Courts Act, 1964 contemplates that the parties may, with the permission of the Courts, call any witness at any later stage, if the Court considers such evidence expedient in the interest of justice but the. Family Court does not appear to have given any observation that the evidence of the aforementioned persons is expedient or not. The mere fact that the list of witnesses was not furnished along with the written statement, does not place any bar for the production of any witness at any belated stage. In exercise of its powers, the Family Court can make such order as may be necessary for the ends of justice. The Courts are not to act upon the principle that every procedure is to be taken to be prohibited unless it is expressly provided for by the Code, but on the converse principle that every procedure is to be understood as permissible till it is shown to be prohibited by law. As a matter of general principle, prohibition cannot be presumed. In this view of the matter, this petition is accepted and the impugned order of the Family Court is set aside and the result would be that application dated 18-10-2011 shall be deemed to be accepted. The Family Court shall allow the petitioner/defendant to produce witnesses, mentioned in the application dated 18-10-2011 and then decide the suit at the earliest.