| Citation(s) |
|---|
| 2004 SLG 2546 2004 SLD 2546 2004 PLD 21 |
Lahore High Court
Civil Revision No. 689 of 2003, heard on 24th September, 2003
MUHAMMAD SAIR ALI, J
Miss Aliya Neelum for Petitioner. Sardar Muhammad Ramzan for
Respondent
Civil Revision No. 689 of 2003, heard on 24th September, 2003
MUHAMMAD SAIR ALI, J
Miss Aliya Neelum for Petitioner. Sardar Muhammad Ramzan for
Respondent
MUHAMMAD NAWAZ
VS
BARKAT ALI
Law:
Section:
(a) Affidavit-------- Counsel and client---Swearing of affidavit by counsel on behalf of his client---Impropriety---Deponent counsel should abstain from swearing such affidavit---Counsel has moral and legal duty to conduct himself above board as a counsel and not to become party in suit. (b) Words and phrases-- ----"Legal proceedings"---Meaning---All steps in action or suit to ensure progress of case for its ultimate adjudication are "legal proceedings" for being backed by due authorization and sanction of law. (c) Qanun-e-Shahadat (10 of 1984)----- ----Art. 129(e)---Judicial proceedings---Setting aside of such proceedings on the basis of affidavits---Principles---Proceedings or case events written, recorded and signed during normal course of business by Judges of Courts are sanctimonious and conclusive unless otherwise proved through irrefutable evidence---Value and status attached to routine proceedings and orders recorded by a Civil Judge regarding ordinary case events in a trial cannot be lightly displaced by producing affidavits alleging proceedings to be wrong---Allegations of wrong recording of case events involve serious and complex ramifications---If the allegations were true, it would vitiate the trial and make the Judge presiding over the trial, liable to be proceeded against---To disregard or disbelieve proceedings of case events as wrongly and falsely recorded by a Judge, the Appellate or Revisional Court must have strong evidentiary basis and profound reasons---Civil Judges and all other Judges of subordinate Courts are as worthy of respect and honour in discipline of justice administration as those of any higher Court---Orders, s, decrees and proceedings of the Judges of subordinate judiciary are judiciously and legally examined by Courts of appeals, revision or superintendence ---Factual allegations should not be lightly accepted to label the proceedings of Court as wrongly recorded without taking evidence in an inquiry. (d) Civil Procedure Code (V of J908)----- ----O. XIX, R.3---Affidavit---Admissibility---Procedure---Filing of counter-affidavit---Effect---Affidavit, ipso facto is not admissible in evidence and its contents cannot be accepted…
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