1. ' Bilawar Khan, petitioner herein, instituted suit for recovery of Rs,10,000 versus Amir Sabir Rehman, respondent herein, in the Court of learned Civil Judge, Karak. On the pleadings of the parties issues were framed on 8-2-1987 and the learned Judge of the trial Court on the same date adjourned the case for evidence of the plaintiff on 17-2-1987 with the direction that list of witnesses be filed within 3 days. On 17-2-1987, the plaintiff-petitioner requested for some more time to submit the list of witnesses but the learned Judge of the trial Court rejecting the request dismissed the suit of the plaintiff-petitioner under Order 17, Rule 3, C.P.C. The appellate Court refused to grant relief to the petitioner in his judgment dated 6-10-1988 and hence this petition.
2. ' The pleadings of the parties in the civil suit under C.P.C. Resulting framing of issues of law and facts, after hearing the parties, for findings, judgment and decree accordingly. The issues as such necessitate manner and Production of evidence in the suit. This material procedure for manner and production of evidence on issues is regulated by order XVI, Rule 1, C.P.C. (N.-W.F.P.) which is as under:-- "1.--(1) On such date as the Court may appoint and not later than 30 days after the settlement of issue, the parties shall present in Court a list of witnesses whom they propose to call either to give evidence or to produce documents.
(2) They shall not be permitted to call witnesses other than those contained in the said list, except with the permission of the Court and after showing good cause for the omission of the said witnesses from the list; the Court granting such permission shall record reasons for so doing.
(3) On application to the Court or such Officer as it appoints in this behalf, the parties may obtain summonses for persons whose attendance is required in Court."
3. ' This mandatory procedure in furtherance of the proceedings in the suit is necessary because the parties in the suit may require the attendance of witnesses, admission or production of documents and also inspection of documents. The procedure as such facilitates the manner and production of evidence for fading's on the issues in the suit.
4. The learned Judge of the trial Court committed material irregularity in the proceedings by ignoring the mandatory provisions of Order XVI, Rule 1, C.P.C. And similarly, the learned Judge of the appellate Court decided the appeal on something else than the procedure causing miscarriage of justice in the suit. This petition for revision of the larders, dated 17-2-1987 and 6-10-1988 is accepted with costs and both the orders are set aside. The suit is remanded to the learned Judge of the trial Court for proceedings in accordance with Order XVI, Rule 1, C.P.C.