| Case ID |
004bc219-dbdc-4d56-8683-ff6f5d8e3be4 |
| Body |
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| Case Number |
C.P. No. S-1700 of 2016 |
| Decision Date |
Dec 02, 2016 |
| Hearing Date |
Dec 02, 2016 |
| Decision |
The Sindh High Court dismissed the constitutional petition challenging the order of the Additional District Judge-VII, Karachi South. The petitioner sought to produce additional evidence in the form of a subsequent rent agreement, which was deemed crucial to their case. However, the appellate court found that the memo of appeal did not reference this agreement, and thus, it could not be admitted at this stage of the proceedings. The court emphasized that pleadings must align with the evidence presented, adhering to the legal maxim 'secundum allegata et probata'. The court ruled that no exceptions applied for admitting additional evidence since the agreement was absent from the original pleadings, ultimately affirming the lower court's dismissal of the application for additional evidence. |
| Summary |
In the case of C.P. No. S-1700 of 2016, the Sindh High Court addressed a constitutional petition concerning a rent dispute where the petitioner, Muhammad Nazim, challenged the order of the Additional District Judge dismissing their request to present additional evidence. This evidence was a subsequent rent agreement allegedly not disclosed by the respondent during the initial proceedings. The court ruled that the appeal's memo failed to reference this crucial document, thereby preventing its introduction at the appellate stage. The judges highlighted the importance of aligning evidence with pleadings as per the Civil Procedure Code and relevant laws governing rented premises. The decision reinforces the legal principle that parties must adhere to their initial claims and evidence must be substantiated by prior pleadings. The case underscores the significance of procedural adherence in civil litigation, particularly in rent-related disputes, and serves as a precedent in similar future cases. |
| Court |
Sindh High Court
|
| Entities Involved |
Karachi South,
Defence View, Karachi
|
| Judges |
FAHIM AHMED SIDDIQUI, JUSTICE,
USMAN KHAN
|
| Lawyers |
Nasir Ahmed
|
| Petitioners |
MUHAMMAD NAZIM
|
| Respondents |
|
| Citations |
2017 SLD 2323 = 2017 MLD 770
|
| Other Citations |
Binyameen and 3 others v. Chaudhry Hakim and another 1996 SCMR 336,
Major (Retd.) Barkat Ali and others v. Qaim Din and others 2006 SCMR 562,
Messrs Essa Engineering Company (Pvt.) Ltd. and another v. Pakistan Telecommunication Company (Pvt.) Ltd. 2014 SCMR 922
|
| Laws Involved |
Civil Procedure Code (V of 1908),
Sindh Rented Premises Ordinance, 1979
|
| Sections |
27,
15
|