Case Details

Citation(s)
2010 SLG 2856 = 2010 SLD 2856 = 2010 MLD 1230
Peshawar High Court
Civil Revision No. 458 of 2010, decided on 6th April, 2010.
Presented By: Zia-ur-Rahman Khan, J

ABDUR RAHIM---Petitioner

VERSUS

MUHAMMAD TAHIR KHAN and others---Respondents

Law:

Section:

Specific Relief Act (I of 1877)--- ----Ss. 8, 42 & 54---Qanun-e-Shahadat (10 of 1984), Art. 57---Suit for possession, declaration and injunction---Consolidation of suits---In the. present case, there were two separate suits and evidence of the parties was recorded in one suit and was considered as valid in the other suit---Validity---Such practice was certainly unwarranted rather was prohibited in accordance with the provisions of Qanun-e-Shahadat, 1984---Whenever there were two suits pertained to the same subject-matter between the same parties, it was incumbent upon the Trial Court to make a specific order for consolidation of both the suits" and to frame consolidated issues; and thereafter record the evidence of the parties in support of their respective allegation---In the absence of consolidation, the evidence of the parties had to be separately recorded in both the suits and evidence in one case, could not be placed and considered in the other suit for passing a judgment---Due to non-recording of evidence in the subsequent suit, the averments of the pleadings of the parties had gone unsubstantiated and in the absence of any material, Trial Court was not legally in a position to record an independent judgment by referring to the evidence of the parties recorded in another suit---Evidence of the parties in circumstances was deficient in nature and they could not substantiate their claims properly---Such lacuna floating on the surface on record was of palpable nature and could not be remedied by the parties or their counsel through their mutual agreement entered into before the Trial Court---Impugned judgment of Appellate Court for remanding both the suits to the Trial Court for observing the legal formalities, was maintained, in circumstances.? Nazir Ahmad v. Mst. Ghazala Bashir 2001 CLC 468 and Muhammad Arif v. Malik Muhammad Farooq 2002 CLC 1361 ref. Hayatullah for, Petitioner. Nemo for Respondents Date of hearing: 6th April, 2010. JUDGMENT ZIA-UR-RAHMAN KHAN, J.---The instant revision is directed under section 115, C.P.C. against the judgment and order, dated 29-1-2010 passed by the learned Additional District Judge-VII, Mardan in Appeal No.3/13…
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