Law: Civil Procedure Code (V of 1908)

Section: OVI,R.17,1

Law: Civil Procedure Code (V of 1908)

Section: OVI,R.17,1

Law: Qanun-e-Shahadat (10 of 1984)

Section: 133

(a) Evidence-------Evidence led on a plea not raised in plaint---Validity---Such evidence would not be worth reliance and would be rejected---Illustration. (b) Civil Procedure Code (V of 1908)--- ----O VI, R. 17---Amendment of pleadings---Plea introduced in amended plaint without permission of court---Validity---Such plea would be treated to be beyond pleadings---Illustration. (c) Civil Procedure Code (V of 1908)--- ----O. VI, R.1---Qanun-e-Shahadat (10 of 1984), Art.133---Pleadings---Non-appearance of a party as witness in support of his pleadings---Effect---Mere such non-appearance would not be fatal, provided case of such party otherwise stood proved from rest of the material available on record---Opposite party in such case would be deprived of his right of cross-examination, thus, pleadings of such party could not be treated as evidence---Principles. Mrs. Anis Haider and others v. S. Amir Haider and others 2008 SCMR 236 rel. (d) Administration of justice--- ----Lis involving public property and public rights---Duty of Courts stated. The courts are the protractors of the public property and public rights, and are required to realize their inherent obligations. The courts cannot shut their eyes over obliging statements of delinquent officials of administration or an act thereof doing away with the public rights on any consideration. Provincial Government through Collector Kohat and another v. Shabbir Hussain PLD 2005 SC 337 rel. Syed Mumtaz Hussain Baqri for Petitioners. Abdul Aziz Khilji Additional (P.G.) for Respondents. Date of hearing: 21st December, 2012. JUDGMENT MUHAMMAD NOOR MESKANZAI, J--- By this common judgment, I propose to dispose of-Civil Revision Petitions Nos.171 and 189 of 2002, arising out of the same judgment dated 9th May, 2002 passed by the Majlis-e-Shoora, Kharan. whereby; the appeal filed by the plaintiffs/respondents was accepted and the judgment/decree dated 2nd February, 2002 passed by the Qazi, Kharan was set aside. 2. The brief facts, relevant for the disposal of instant revision petitions are that the respondents Nos.1 to 7, instituted a suit for Declaration and Permanent Injunction against the petitioners and respondents Nos.21…

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