| Case ID |
0bf9ac26-573e-4934-b20d-d31811d805c7 |
| Body |
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| Case Number |
Writ Petition No. 3627 of 1993 |
| Decision Date |
Jun 29, 1993 |
| Hearing Date |
Jun 29, 1993 |
| Decision |
This Constitutional petition has been accepted, and the impugned orders passed by the trial Courts are declared to be without lawful authority and of no legal effect. The petitioner's application for summoning the scribe of the agreement along with the relevant record is allowed, leaving the parties to bear their own costs. The decision emphasizes the importance of liberal interpretation of procedural rules to ensure justice, permitting the inclusion of witnesses even if not listed initially, provided reasonable explanations are given for such omissions. |
| Summary |
In the case of Writ Petition No. 3627 of 1993, the Lahore High Court addressed significant issues surrounding the Civil Procedure Code, particularly focusing on the provisions of Order XVI, Rule 1. The petitioner, Bashir Ahmad, contested the dismissal of his application to summon a key witness in a land possession suit filed by respondent Fazal Din. The court highlighted the necessity for courts to adopt a liberal interpretation of procedural rules to prevent technical knock-outs that may hinder justice. The case underlines the critical role of witness testimony in establishing the genuineness of agreements, especially in real estate disputes. The judgment underscores the principle that courts should facilitate the production of evidence that can assist in achieving a fair outcome, thereby reinforcing the judicial commitment to uphold justice. The ruling serves as a precedent for similar cases where procedural technicalities might otherwise obstruct the truth from being established in legal proceedings. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
MAIN NAZIR AKHTAR, J
|
| Lawyers |
Malimood Khan,
Ch. Ahmad Din Farooq
|
| Petitioners |
BASHIR AHMAD
|
| Respondents |
FAZAL DIN
|
| Citations |
1994 SLD 1144
|
| Other Citations |
Not available
|
| Laws Involved |
Civil Procedure Code (V of 1908)
|
| Sections |
O.XVI, R. 1
|