| Citation(s) |
|---|
| 2017 SLG 2260 2017 SLD 2260 2017 CLC 1254 |
Lahore High Court
Civil Revision No. 3543 of 2014, decision Dated: 9-2-2017.
SHAHID WAHEED, JUSTICE
Sohail Qaiser Farooq Tarar for Petitioner.
Civil Revision No. 3543 of 2014, decision Dated: 9-2-2017.
SHAHID WAHEED, JUSTICE
Sohail Qaiser Farooq Tarar for Petitioner.
MUHAMMAD ARSHAD
VS
MUHAMMAD NAWAZ
Law:
Section:
(a) Civil Procedure Code (V of 1908)--- ----O. XVII, Rr. 1(3) & 3 & S. 115---Limitation Act (IX of 1908), S.12---Punjab Pre-emption Act (IX of 1991), S. 13---Suit for possession through pre-emption---Closure of evidence---Revision, filing of---Requirements---Limitation---Condonation of delay---Scope---Trial Court granted adequate opportunities to the plaintiff to produce evidence in support of his claim---Conduct of plaintiff was not only carefree or negligent but also contumacious---No reason had been disclosed which caused hindrance in the way of plaintiff to produce evidence before the Trial Court---When plaintiff was not ready with his evidence then Trial Court under O.XVII, R.1(3), C.P.C. could close his evidence so as to get to the next stage in the trial---Evidence of plaintiff was rightly closed by the Trial Court---Revision petitioner was not bound to furnish certified copies of s along with petition---Benefit of S.12 of Limitation Act, 1908 could not be extended to the plaintiff---Court below was bound to provide a copy of impugned decision within three days thereof which might be uncertified---Plaintiff should have approached the court below to obtain copy of impugned decision---Once application was made to the court below and there was failure to provide copy within prescribed period of three days then revision petitioner could have sought condonation of delay on the ground that it was beyond his control to obtain a copy---Revision petitioner had not filed an application before the court below for compliance of mandate of second proviso of S.115(1), C.P.C.---Revision was dismissed in circumstances. Pirzada Amir Hassan and others v. Mrs. Shamim Shah Nawaz and others 1984 CLC 3080; The Administrator, Lahore Municipal Corporation, Lahore v. Abdul Hamid and others 1987 CLC 1261; Province of Punjab through District Officer Revenue Rawalpindi and others v. Muhammad Sarwar 2014 SCMR 1358; Said Muhammad v. Sher Muhammad and 2 others 2001 MLD 1546 and Sultan Khan and 3 others v. Sultan Khan 2004 MLD 918 rel. (b) Civil Procedure Code (V of 1908)--- ----S. 115---Revision, filing of---Requirements---Revision petitioner had to furnish copies of…
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