| Case ID |
0ad11ec2-0cf5-4c31-85ec-b869da74b0d9 |
| Body |
View case body. Login to View |
| Case Number |
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| Decision Date |
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| Hearing Date |
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| Decision |
The High Court addressed the matters concerning additional evidence and the role of the First Appellate Court in reviewing the Trial Court's decisions. It emphasized that additional evidence could only be introduced if the existing evidence was found to be inherently defective or insufficient. The Court noted that the petitioner failed to produce a crucial document before the Trial Court, and thus, could not rely on it later. The High Court concluded that the negligent party must bear the consequences of its omissions. Furthermore, the Court clarified that matters regarding the allowance of time to produce evidence are within the jurisdiction of the First Appellate Court, and the High Court cannot adjudicate on points not previously addressed by the First Appellate Court. |
| Summary |
This case revolves around the procedural intricacies of the Civil Procedure Code (V of 1908), particularly focusing on the provisions related to additional evidence and the appellate review process. The High Court (AJ&K) emphasized the significance of presenting all pertinent evidence at the Trial Court level. Failure to do so, as exhibited by the petitioner in this case, can lead to unfavorable outcomes. The Court also highlighted that it is the responsibility of the parties to ensure their cases are robust and complete when presented initially. The decision underscores the importance of adherence to procedural rules and the implications of negligence in legal proceedings. In an era where legal expertise is paramount, this case serves as a reminder of the meticulous nature of civil litigation and the critical role of evidence in judicial determinations. Keywords like 'civil procedure', 'additional evidence', 'appellate court', and 'legal negligence' are trending topics that resonate within the legal community, making this case relevant for ongoing discussions and legal education. |
| Court |
High Court (AJ&K)
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| Entities Involved |
Not available
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| Judges |
KHAWAJA MUHAMMAD SAEED, J
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| Lawyers |
Muhammad Ashfaq Kiani for Petitioner,
Ghulam Mustafa Mughal for Respondents
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| Petitioners |
MUHAMMAD SHARIF
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| Respondents |
another,
Mst. NASRIN
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| Citations |
1993 SLD 950,
1993 CLC 450
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| Other Citations |
Saifee v. Lal Din PLD 1986 Azad J & K 148,
Muhammad Rashid v. Muhammad Arif and others PLD 1986 Azad J & K 128,
1992 CLC 187
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| Laws Involved |
Civil Procedure Code (V of 1908)
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| Sections |
O.XLI, R.27,
S. 115
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