| Citation(s) |
|---|
| 1999 SLG 936 1999 SLD 936 1999 CLC 1142 |
Lahore High Court
Writ Petition No. 1523 of 1997, heard on 2-12-1998
MUHAMMAD ISLAM BHATTI, J
Akhtar Masood Khan for Petitioners. Mian Muzaffar Hussain for
Respondents Nos.3 to 12
Writ Petition No. 1523 of 1997, heard on 2-12-1998
MUHAMMAD ISLAM BHATTI, J
Akhtar Masood Khan for Petitioners. Mian Muzaffar Hussain for
Respondents Nos.3 to 12
MUHAMMAD NAWAZ-and anothers
VS
ADDITIONAL DISTRICT JUDGE, SARGODHA and 11 others
Law:
Section:
(a) Civil Procedure Code (V of 1908)-------S. 115 & O.XIII, R.2---"Case decided"---Meaning---Permission to produce additional evidence---Petitioners requested the Trial Court for permission to produce additional evidence---Application of the petitioners was dismissed and revision was filed which was also dismissed as incompetent on the ground that order of Trial Court did not amount to "case decided" within the contemplation of 5.115, C.P.C.---Validity---Where copies of documents of public record appeared to be essential for the just decision of the case, application for permission to produce them as additional evidence could be filed at any . time/stage---Permission to produce additional evidence was a "case decided" within the meaning of S.115, C.P.C. [Nawabzada Malik Habibullah Khan v. Pakistan Cement Industries 1968 SCMR 864 and Nawabzada Malik Habib Ullah Khan v. Pak. Cement ~. Industries 1969 SCMR 965 dissented from]. Bashir Ahmad Khan v. Qaiser Ali Khan and 2 others PLD 1973 SC 507; Rehman Dad and another v. Major .Raja Sajawal Khan and others 1976 SCMR 350; Feroze Din v. Muhammad Amin and 4 others PLD 1993 Lah. 774; Messrs National Security Insurance Company Limited and others v. Messrs Hoechst Pakistan Limited and others 1992 SCMR 718; Muhammad Asghar's 14, case 1984 SCMR 1225 and Zafar Ahmad v. Abdul Khaliq PLD 1964 Kar. 149 ref. Mst. Hajan Nawab Bibi v. Additional District Judge, Lahore and 3 others PLD 1993 Lah. 492 fol. Nawabzada Malik Habibullah Khan v. Pakistan Cement Industries 1968 SCMR 864 and Nawabzada Malik Habib Ullah Khan v. Pak. Cement Industries 1969 SCMR 965 distinguished. (b) Civil Procedure Code (V of 1908)--- ----0. XIII, R.2---Documentary evidence---Refusal to accept any document in evidence---Validity---Object of O.XIII, R.2, C.P.C. was to exclude forged documents. and to 'expedite trial and not to exclude genuine documents. [p. 1145] D Muhammad Hanif v. Mst. Parsan Bibi and others 1996 MLD 1158 rel. (c) Constitution of Pakistan (1973)--- ----Art. 199---Civil Procedure Code (V of 1908), O.XIII, R.2---Constitutional petition---Production of additional evidence was refused by the Trial Court and appeal filed was also dismissed by…
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