Summons for the appearance of witness, unless a party intimates

“The proviso of subsection (2) of the section 7 clearly provide that the parties may with permission of the court call any witness at any later stage if the Court considered such evidence expedient in the interest of justice. Addition of word “further” in proviso of section 7(2) by Ordinance VL of 2002 on 1-10-2002 manifest the intention of legislature to grant a permission liberly, if, the Court considers such evidence expedient and essential for a just decision. 8. Section 11(2) places bar on issuance of summons for the appearance of witness, unless a party intimates the Court within three days of the framing of issue of its desire to summon a witness through court. It is not couched in mandatory language and will not be treated as mandatory one in the absence of consequence for its non-compliance.”

2004 M L D 635

Used in Judgment of:

Lahore High Court

WP- Family Law
2603-15