Case Details

Citation(s)
2024 SLG 5424 2024 SLD 5424 2024 MLD 1111
Lahore High Court
Civil Revision No. 25850 of 2022, heard on 7th February, 2023.
Before Shahid Bilal Hassan, J
Syed M. Bin Yamin for Petitioner.
Respondent: In Person. Date of hearing: 7th February, 2023.

M/S GULISTAN GROUP OF COMPANIES through Director---Petitioner

VERSUS

WASEEM JAVED KHAND---Respondent

Law: Civil Procedure Code (V of 1908)

Section: O. VII, Rr. 1, 2, Rr. 14, O. XIII, R. 1

(a)    Civil Procedure Code (V of 1908)-------O. VII, Rr. 1 & 2---Presentation of plaint---Details of the claim to be given--Particulars and details are necessary to be pleaded under the provisions of O.VII, R.1 & 2, Code of Civil Procedure, 1908, however, relevant para of the plaint revealed that the plaintiff /respondent had not given any detail of his claim and only claimed an accumulated amount regarding outstanding eligible/agreed misc. allowance/ expenses, gratuity, 10 % compensation---Whereas, the same must have been bifurcated and categorized as to what amount under which head was being claimed by the respondent; meaning thereby the pleadings of the plaintiff / respondent were ambiguous---Revision filed by the defendant/petitioner was allowed, in circumstance .(b)    Qanun-e-Shahadat (10 of 1984)-------Arts. 72, 117 & 120---Producing of document(s) in statement of counsel--Legality---Plaintiff submitted disputed documents through his counsel, which otherwise must be brought on record through their author or in statements of witnesses having nexus with such documents---Revision was allowed.Mst. Akhtar Sultana v. Major Retd. Muzaffar Khan Malik through his legal heirs and others PLD 2021 SC 715; Manzoor Hussain v. Misri Khan PLD 2020 SC 749; Hameeda Begum v. Irshad Begum 2007 SCMR 996 and Muhammad Hussain and another v. Province of Punjab through District Officer Revenue, Multan and others 2021 YLR 2310 ref.(c)    Civil Procedure Code (V of 1908)-------O. VII, Rr. 14 & O. XIII, R. 1---Documents furnished in evidence by a party beyond the documents, presented and relied upon while submitting forms as per mandate of O.VII, R.14 & O.XIII, R.1, Civil Procedure Code, 1908---Such documents must not be considered and relied upon by the Courts below---Revision was allowed.Syed M. Bin Yamin for Petitioner.Respondent: In Person.Date of hearing: 7th February, 2023.JUDGMENTSHAHID BILAL HASSAN, J.---This single judgment will decide the captioned revision petition as well as connected C.R.No.13114 of 2022, as both are interconnected as well as one and the same judgments and decrees have…
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