| Case ID |
21613466-9f83-4e3f-8664-9634636cc240 |
| Body |
View case body. Login to View |
| Case Number |
Civil Revision No. 682 of 2005 |
| Decision Date |
Nov 21, 2013 |
| Hearing Date |
Nov 21, 2013 |
| Decision |
The Lahore High Court dismissed the civil revision filed by the petitioner, Muhammad Ishaque, against the judgment of the Additional District Judge, Rawalpindi. The court found that the appellate court had exercised its discretion properly by allowing the respondents, MST. AMNA BIBI and others, one opportunity to present their evidence after the trial court had dismissed the suit for lack of evidence. The decision emphasized that substantial justice had been served, and the appellate court's discretion was justified given the nature of the case involving partition rights. The ruling affirmed that no illegality was committed in the appellate court's judgment. |
| Summary |
This case revolves around a civil revision concerning a suit for possession through partition filed by MST. AMNA BIBI and others against MUHAMMAD ISHAQUE. The High Court addressed the issue of whether the appellate court correctly allowed an additional opportunity for the respondents to present their evidence after the trial court had previously dismissed the case due to lack of evidence. The court upheld the appellate court's decision, highlighting the importance of ensuring substantial justice in cases involving shared property ownership. The ruling clarified the application of Order XVII Rule 3 of the Civil Procedure Code, stating that while opportunities to produce evidence can be limited, discretion in favor of the party seeking justice is crucial. This case underscores the court's commitment to fair trial principles and the balance between procedural rules and the rights of the parties involved. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
NASIR SAEED SHEIKH, JUSTICE
|
| Lawyers |
Muhammad Akbar Butt for Petitioner,
Raja Muhammad Aslam for Respondents
|
| Petitioners |
MUHAMMAD ISHAQUE
|
| Respondents |
MST. AMNA BIBI,
22 OTHERS
|
| Citations |
2014 SLD 512,
2014 MLD 887
|
| Other Citations |
Abdul Shakoor and others v. Province of The Punjab and 4 others 2005 SCMR 1673,
Qazi Shamsur Rehman and another v. Mst. Chaman Dasta and others 2004 SCMR 1798,
Suleman v. Mst. Zeenat Jan and 2 others PLD 2003 SC 362
|
| Laws Involved |
Civil Procedure Code (V of 1908)
|
| Sections |
O. XVII, R. 3
|