Law: Civil Procedure Code (Amendment) Ordinance, 1980

Section: 3

Law: Land Acquisition Act, 1894

Section: 18

(a) Civil Procedure Code (V of 1908)--- ----O. XVII, R. 3---Land Acquisition Act (I of 1894), S.18---Reference to court---Closure of evidence---Impugned order had been passed in a hasty manner without providing a reasonable time to the petitioner for production of his evidence---Rights of the parties should be decided upon merits rather than dismissing the matter on technical grounds---Trial Court had committed material irregularity while passing the impugned order, in circumstances---Impugned order passed by the Trial Court was set aside---Reference petition should be deemed to be pending before the Referee Court and a single opportunity to adduce evidence was to be provided to the petitioner---Appeal was allowed accordingly. 2001 SCMR 159 rel. (b) Administration of justice--- ----Courts are sanctuaries of the rights of litigants. (c) Administration of justice--- ---Courts were not to hesitate in exercising powers to do real and substantial justice. (d) Administration of justice--- ---Justice hurried is justice buried. THIS JUDGMENT DELIVERED BY: ALI BAIG, J:---.--- This civil 1st appeal has been preferred against the impugned judgment/order dated 18-6-2019, passed by the learned Referee/District Judge Diamer, whereby the learned trial Court/Referee Judge has struck of the right of the appellant/petitioner for adducing his evidence and has dismissed the reference petition of the appellant. 2. Briefly stated facts forming back ground of this civil 1st appeal are that the present appellant/petitioner has filed a Reference petition under Section 18 of the Land Acquisition Act, 1894 in the court of the learned District/Referee Judge Diamer against the award No. LAC/DBDP-10/2015 dated 26-4-2016, passed by the Collector Land Acquisition Diamer Basha Dam. 3. The aforesaid reference petition was subjudice before the learned Referee Judge Diamer and matter was fixed for evidence of the petitioner on 08-11-2018 and the learned trial court afforded last opportunity to the petitioner for production of his evidence but the petitioner/appellant could not produce his evidence. Accordingly the learned Trial Court/Referee Judge once again afforded a chance to the petitioner…

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