ALI BAIL, J.----The instant writ petition under Article 86(2) of Government of Gilgit-Baltistan Order , 2018 has been filed by the petitioner against the impugned judgment/order dated 28-03-2019 pass ed by the learned District Judge Gilgit, whereby the learned District Court Gilgit has dismissed civil revision petition filed by the petitioner against the judgment/order dated 31-10-2018 passed by the learned trial Court, whereby the learned trial Court had rejected the application of the petitioner filed under Order XVI, Rule 1 read Section 151, C.P.C., on the ground that the petitioner has failed to file list of witnesses in time.
2. Succinctly the facts give rise to file the instant writ petition are that the petitioner/plaintif f (herein after called petitioner) had instituted a civil suit for declaration and perpetual injunction against present respondents/defendants (herein after called respondents) claiming therein that the petitioner is exclusive owner of the suit land fully described in the head note of the plaint situated at Minawar Gilgit and the respondents are bent upon to dispossess the petitioner from the suit land illegally , therefore, the respondents may be restrained from dispossessing the petitioner from suit land.
3. The present respondents contested the suit by filing their written statement in the trial Court and thereafter the learned trial Court framed issues. After framing of issues the petitioner did not file list of the witnesses in time and has filed an application under Order XVI, Rule 1, C.P.C. for summoning the PWs (plaintif f's witnesses) through Court. The learned trial Court after hearing arguments on aforesaid application had dismissed the aforesaid application vide Order 31-10-2018 and feeling aggrieved and dissatisfied from the aforesaid order of the trial Court the petitioner had filed civil revision in the Court of learned District Judge Gilgit, which was also dismissed by the lower Revisional Court Gilgit vide Order dated 28-03-2019, hence this writ petition.
4. The learned counsel for the petitioner contented that the impugned judgment/order passed by the learned District Court Gilgit is contrary to law and facts on the record of the case as such the impugned judgment/order is not maintainable and liable to be set aside. The learned counsel for the petitio ner further contended that the witnesses of the petitioner are reluctant to appear before the trial Court to record their statements therefore, the official witnesses may be called through notice/summon of Court.
5. On the other hand the learned Additional Advocate General opposed this writ petition by contending that the petitioner should have been filed list of the witnesses within 07 days of the framing of issues, but the petitioner has not filed list of the witnesses in time, therefore the petitioner cannot be permitted to call the witnesses through the trial Court.
6. Admittedly under the provisions of Order XVI, Rule 2, C.P.C. a party should not be permitted to call witnesses other than those contained in the list, except with the permission of the Court. But the Court has ample powers to allow the petitioners to call witnesses other than witnesses contained in the previous list. Since valuable right of the parties need to be agitated upon merits rather than dismissing the matter on techn ical grounds. In the instant case no prejudice is likely to be caused to the respondents if the above said application of the petitioner is allowed by the trial Court as the suit of the petitioner is at initial stage.
7. Hence we deem it just and proper to allow the application of the petitioner filed under Order XVI, Rule 1, C.P.C., so that the learned trial Court may arrive at fair and correct conclusion after recording of evidence of both the parties.
8. For foregoing reasons this writ petition is allowed subject to payment of cost Rs.5000/- to be paid to the respondents by the petitioner . Consequently the impugned judgment/order passed by the learned District Judge Gilgit dated 28-03-2019 is hereby set aside and the application under Order XVI, Rule 1, C.P.C., filed by the petitioner is allowed. Parties shall appear before the trial Court on 10-12-2020.
9. This writ petition is disposed of accordingly . File.