“The provisions of subsection (2) specifically lay down that
the parties may, with the permission of the Court call any
witness at any later stage if the Court considers such expedient
in the interest of justice. By virtue of these provisions the Court
is competent to allow a party to include the name of desired
witness in the list in accordance with subsection (2) of section
7 (ibid). The witnesses so included can be produced by the
party, though it cannot get the summons issued if within three
days of the framing of the issues it has not intimated the Court
its desire that a witness may be summoned through the Court.
5. When confronted with the provisions of section 7 and 11 of the Family Courts Act, 1964 the learned counsel for the petitioner stated that the petitioner would like to include the names of the witnesses in the list under section (2) of section 7 and would not seek the summoning of such witnesses through the Court but would himself produce them in evidence. He submitted that the necessity for including the names in the list of witnesses is that without including the names in that list the petitioner cannot even call the witnesses in the witness box at his own responsibility.”
2009 CLC 269
Used in Judgment of:
5. When confronted with the provisions of section 7 and 11 of the Family Courts Act, 1964 the learned counsel for the petitioner stated that the petitioner would like to include the names of the witnesses in the list under section (2) of section 7 and would not seek the summoning of such witnesses through the Court but would himself produce them in evidence. He submitted that the necessity for including the names in the list of witnesses is that without including the names in that list the petitioner cannot even call the witnesses in the witness box at his own responsibility.”
2009 CLC 269
Used in Judgment of:
Lahore High Court
WP- Family Law
2603-15
2603-15
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