| Case ID |
15381cc8-77b9-4a14-828f-c63fab64da58 |
| Body |
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| Case Number |
Civil Appeal No. 37 of 1991 |
| Decision Date |
Oct 28, 1991 |
| Hearing Date |
Oct 26, 1991 |
| Decision |
The Supreme Court dismissed the appeal filed by the appellants, Mst. JAN BEGUM and others, against the decision of the High Court which had previously dismissed their case for specific performance of a contract concerning land. The Court found that no sufficient cause was shown for the admission of additional evidence at the second appeal stage. It upheld the findings of the District Judge, stating that additional evidence can only be admitted for sufficient reasons or if it is necessary for the Court to pronounce judgment. The appellants failed to produce relevant documents in earlier stages and their arguments did not substantiate a case for specific performance. Consequently, the appeal was deemed to have no merits and was dismissed without costs. |
| Summary |
This case revolves around a civil dispute regarding the specific performance of a contract for the sale of land. The appellants, represented by Advocate Ch. Muhammad Sharif Tariq, sought to enforce an agreement that they alleged was made by Muhammad Ismail, the respondent. The Supreme Court of Pakistan ruled on the appeal following the High Court's dismissal of the case, emphasizing the importance of producing evidence at the appropriate stages of litigation. The Court reiterated that additional evidence is only permissible under strict conditions, particularly in the context of the Civil Procedure Code. The case highlights the procedural challenges in civil litigation and the necessity for parties to adhere to evidentiary requirements. The decision underscores the principle that the burden of proof lies with the party seeking to introduce additional evidence, and failure to do so can result in the dismissal of their claims. This ruling serves as a precedent for future cases involving similar issues of evidentiary production and the enforcement of contractual agreements in civil law. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
Sardar Said Muhammad Khan, CJ,
Basharat Ahmad Shaikh, J
|
| Lawyers |
Ch. Muhammad Sharif Tariq, Advocate for Appellants,
Mr. Muhammad Yunus Surakhvi, Advocate for Respondents
|
| Petitioners |
3 others,
Mst. JAN BEGUM
|
| Respondents |
6 others,
MUHAMMAD ISLAM
|
| Citations |
1992 SLD 2242,
1992 PLJ 20
|
| Other Citations |
PLD 1978 SC (AJK) 112,
1983 CLC 1912,
PLD 1984 Lah. 139,
PLD 1983 SC (AJ K) 188,
PLD 1984 AJK 41,
PLD 1977 AJK 78,
PLD 1969 SC 60
|
| Laws Involved |
Civil Procedure Code
|
| Sections |
27
|