Case Details

Citation(s)
2014 SLG 1618 2014 SLD 1618 2014 CLC 711
Lahore High Court
Writ Petition No.19179 of 2010, heard on 28-10-2013.
SHOIB SAEED, J

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SAMI ULLAH KHAN

VS

ADDITIONAL DISTRICT JUDGE, BHAKKAR and another

Law:

Section:

Specific Relief Act (I of 1877)-------S.12---Civil Procedure Code (V of 1908), O.XVI, R.1---Constitution of Pakistan, Art.199---Constitutional petition---Suit for specific performance to sell---List of witnesses---Additional evidence---Defendant moved an application to file list of witnesses including one advocate who was Notary Public---Application was dismissed by Trial Court but Lower Appellate Court, in exercise of revisional jurisdiction, allowed defendant to file list of witnesses---Validity---Notary Public having attested documents could go to the roots of entire controversy between the parties---Allowing such witness was necessary and indispensable for a just and fair decision of a case on its merits---Such was done in the interest of justice and to avoid miscarriage of justice---Lower Appellate Court had rightly exercised jurisdiction vested in it and there was no infirmity or illegality in the order---Petition was dismissed in circumstances. Mst. Musarat Bibi and 2 others v. Tariq Mehmood Tariq 1999 SCMR 799; Ejaz Muhammad Khan and others v. Sahib Bibi through Shahzad Khan and others 1996 SCMR 598; Muhammad Siddique v. Abdul Khaliq and 28 others PLD 2000 SC (AJ&K) 20 and Anwar Ahmad v. Mst. Nafis Bano through LRs. 2005 SCMR 152 distinguished. Muhammad Arshad Awan for Petitioner. Mushtaq Ahmad Kashmiri for Respondent No.2. Date of hearing: 28th October, 2013. JUDGMENT SHOAIB SAEED, J.--- This writ petition has been directed against the order dated 27-8-2010 passed in civil revision by respondent No.1. 2. Brief facts of the case are that petitioner filed a suit for specific performance on the basis of agreement to sell dated 15-2-1997 in respect of land measuring 278 Kanals, 4 Marlas situated in Chak No.6 Rakh Dulewala, Tehsil Darya Khan, District Bakhar. Contesting written statement was filed by respondent No.2 and from the pleadings of the parties issues were framed. Petitioner produced four witnesses apart from documentary evidence Exh.P-1 to Exh.P-11 and concluded his evidence on 23-11-2006. Thereafter, respondent No.2 was directed to produce his evidence on 2-12-2006. On his request the case was adjourned to 21-12-2006 with last opportunity for…
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