AYESHA A. MALIK, J. --- C.M. No. 441-B/2015 ' This is an application under Order XVI, Rule 1 of Civil Procedure Code, 1908 ("CPC") for summoning the witness namely Naeem Mukhtar alongwith other witnesses as provided in the list of witnesses.
2. Learned counsel on behalf of the Plaintiff and learned counsel for the witness accept notice and undertake that the stated witness will be present on the next date fixed by the Court for the purposes of recording of evidence by the learned Local Commission.
3. Learned Local Commission has tendered his report on record and states that on the last date fixed by the Court in terms of its order dated 23.4.2015, no evidence was available on 2.5.2015.
Learned Local Commission granted another opportunity to the parties for producing their evidence on 9.5.2015. The witnesses of the Defendants did not appear on 9.5.2015, hence in terms of the orders of this Court, the evidence of the Defendants was closed.
4. Learned counsel for the Defendants submits that the witnesses of the Defendant could not appear on the date fixed by the learned Local Commission for recording of evidence as he was not aware of the proceedings and had not been summoned by the Court for the said date. States that it is purely on account of misunderstanding that the witness was not present. Prays that the witness be summoned so that the Defendants can complete the examination-in-chief of the witness.
5. On the other hand, learned counsel for the Plaintiff Bank states that the witness of the Defendants is the Chairman of the Plaintiff/Bank. He has already deposed hence it is not required for him to appear further in any proceedings. Further states that in terms of the report by the previous learned Local Commission, the evidence of the said witness may be seen as all questions needed to be put to the witness had already been asked. Learned counsel for the Defendants, however, rebuts and slates that the evidence is not completed and he has to ask some further questions in examination-in-chief, hence requires the presence of the stated witness..
6. In view of what has been stated above, the parties are directed to appear before the learned Local Commission who shall record the evidence of the stated witness namely Mr. Naeem Mukhtar in Court Room on 29.05.2015 at 3.00 p.m. Learned counsel for the witness accepts notice on behalf of the witness and ensure his presence. At this point, learned counsel for the witness was also asked to ascertain the availability of the witness upon which he has informed that the witness will be available to conclude his evidence on the afore-mentioned date and time. CM stands disposed of. Main Case
7. Relist for further proceedings on 9.6.2015.