1. Heard.

2. The instant petition is against the order dated 09.03.2018, wherein the right to lead evidence that of the plaintiff was closed. Ground for closure of the evidence was that the plaintiff has refused to summon the witnesses by Dasti summons, as such it was held that the plaintiff appears to be reluctant and not interested in prosecuting his case and closure of evidence was ordered.

3. Learned counsel for the petitioner submits that the order like nature cannot be sustained and the plaintiff cannot be compelled to take Dasti summons for the witness. He further submits that the ordinary payment of process to the witnesses were made and the summons report also shows that they were not served and lastly the summons report was awaited. It is stated, as the summons report was awaited, the Court compelled the plaintiff to get the witnesses served through the Dasti summons, having shown the inability to avail Dasti summons, as punishment thereof, the right to lead evidence was closed, which cannot be done.

4. Perused the order of the Court below, which records that the plaintiff was present he was examined and cross-examined, thereafter was discharged. The court recorded th