Law:

Section:

(a) Civil Procedure Code (V of 1908)-------0. XIII, R.4---Constitution of Pakistan (1973), Art.185(3)---Leave to appeal was granted to examine whether the Courts had omitted from considering some of the material documents/evidence in land dispute case and ,treated the case to be a case of relinquishment when in fact it was a case of resale for some consideration. (b) Islamic Jurisprudence--- ---- Administration of justice---Courts are not only to sit and watch as to who commits a mistake and who does not commit a mistake, from amongst the litigants, and one who commits a mistake in procedural matters should be deprived of the right claimed, even if he is entitled to it. Muhammad Azam v. Muhammad Iqbal PLD 1984 SC 95 ref. (c) Civil Procedure Code (V of 1908)--- ----0. XIII, R.4---Mere failure to exhibit a document formally would not make any difference and if it was necessary for just decision of the case, to summon the material relied upon by the party it should be summoned and treated as evidence in the. matter without any formalities---Where the Trial Court had committed the error in not summoning the original record and other material evidence for just decision of the case, Supreme Court remanded the case to Trial Court for fresh decision. JUDGMENT MUHAMMAD AFZAL ZULLAH, C.J.---This appeal through leave of the Court is directed against dismissal by the High Court, of the appellants' Civil Revision, which had arisen out of a land dispute case. The respondent/plaintiff had sued for' declaration and permanent injunction, seeking title to the suit property. The appellants/defendants side had relied upon documentary evidence to show that the suit land was transferred to the appellants side by' the respondent side for consideration, and thus, in fact, it was a claim of purchase of the property, though in the facts and circumstances of the case, it could also be termed as relinquishment and/or re-sale on the part of the respondents/plaintiffs side. Amongst others, one of the documents relied upon was an `Iqrarnama' registered at No.105 on 1-8-1964. It could be linked with and treated as consequence of two other documents of July, 1964. The copies or the original of…

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