In the landscape of litigation, the List of Witnesses is often the silent pivot upon which a case turns. Whether you are navigating a complex property dispute under the Code of Civil Procedure (CPC) or a sensitive matter in a Family Court, the timely submission of this list is not just a formality—it is a mandatory legal requirement. Failing to comply can lead to a “technical knockout,” where a party is barred from presenting their story to the court.
The rules governing the submission of witnesses are distinct depending on the nature of the suit.
In regular civil suits, Order XVI, Rule 1 of the CPC dictates the procedure. After the court frames the “issues” (the points of contention), both parties are given a strict window.
Time Limit: The list must be submitted within 7 days of the settlement of issues.
The “Good Cause” Hurdle: If a witness’s name is missing from this list, the court will generally not allow them to be summoned unless the party shows “good cause” for the omission.
Family law in Pakistan aims for “expeditious disposal.” Under Sections 7 and 9 of the Family Courts Act, the procedure is even more proactive.
Timing: The list of witnesses format dictates that the list should be attached directly to the Plaint (by the plaintiff) or the Written Statement (by the defendant).
Rationale: Since family cases (divorce, custody, maintenance) affect lives more urgently than property disputes, the law demands all “cards be on the table” from day one.
A draft of list of witnesses is a formal document addressed to the presiding judge. It serves two purposes: identifying who will speak and clarifying if the court needs to issue a formal “summons” (a legal order to appear) or if the witness will appear voluntarily.
Title of the Court: e.g., “In the Court of Senior Civil Judge, Lahore.”
Case Title: Plaintiff vs. Defendant.
The Table: Including Name, Parentage, Address, and the “Purpose of Evidence” (e.g., to prove the sale deed or to testify regarding the character of a parent).
Prayer: A request to the court to summon the witnesses listed.
IN THE COURT OF THE LEARNED CIVIL JUDGE, [CITY NAME]
Suit No: ________ of 2026
[Name of Plaintiff] ……………………………….. Plaintiff
Versus
[Name of Defendant] ……………………………… Defendant
LIST OF WITNESSES ON BEHALF OF THE [PLAINTIFF/DEFENDANT] UNDER ORDER XVI RULE 1 CPC
The following witnesses are intended to be produced by the [Plaintiff/Defendant] to prove the stance taken in the pleadings:
If all remedies fail and your “evidence is closed,” the court proceeds to a final judgment based only on the available record. This almost always results in a loss for the party whose evidence was shut out. Therefore, the list of witnesses is not just a piece of paper; it is the foundation of your trial.
Final Advice: Always ensure your list is filed on the day issues are framed or within the week following. In the corridors of Pakistani courts, “procedural vigilance” is the best defense against a lost cause.
List of Witnesses is a crucial document that parties must submit to the court to specify who will testify on their behalf. The rules differ significantly between regular civil cases and family cases.
Relevant Order;
Order XVI, Rule 1 of the CPC.
Time Limit;
Must submit the list not later than 7 days after the settlement of issues.
Consequences of Delay:
Prohibition: If you miss the 7-day window, you lose the right to call those witnesses as a matter of course.
Court Permission: You can only produce witnesses after the deadline if you file an application showing “Good cause” for the delay. The court has the discretion to allow or reject it (Order XVI, Rule 1(2).
What happens if you miss the 7-day deadline or the court refuses to accept your list? This is a critical juncture where your remedy against rejection to file list of witnesses must be exercised immediately.
If the time has passed, you must file an application under Section 151 CPC (Inherent Powers) or Order XVI Rule 1(2).
If the Trial Court judge remains unmoved and rejects the application, the next step is a Civil Revision under Section 115 CPC in the District Court or High Court.
The Goal: You are asking the higher court to set aside the rejection, arguing that it is a “material irregularity.” The Higher judiciary generally prefers cases to be decided on their merits rather than technical procedural lapses.
In family matters, since the CPC is largely excluded, the remedy often lies in a Writ Petition to the High Court. You argue that your right to a fair trial (Article 10-A of the Constitution) is being violated because you cannot prove your case without these witnesses.
Civil Suit No. ______________________/2024
Muhammad _________________ vs Muhammad____________________
SUIT UNDER CODE OF CIVIL PROCEDURE 1908 AND ALL OTHER ENABLING PROVISIONS OF LAW FOR THE TIME BEING IN FORCE
______ s/o _______resident of House no, __ Street no, _____ Lahore.
______ s/o ______resident of House no, __ Street no, ______Lahore.
Plaintiff himself.
The following witnesses shall depose in support of the Plaintiff’s case and in corroboration of the facts stated in the plaint.
Plaintiff
Through
________________
ADVOCATE HIGH COURT
