Legal Case Summary

Case Details
Case ID 0bf9ac26-573e-4934-b20d-d31811d805c7
Body View case body.
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