| Case ID |
227677d0-678c-4773-a0e1-f2688e0e292c |
| Body |
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| Case Number |
Civil Revision No.2419 of 2005 |
| Decision Date |
Apr 20, 2006 |
| Hearing Date |
|
| Decision |
The Lahore High Court set aside the order dated 14-07-2005 passed by the Additional District Judge, Mandi Baha-ud-Din which dismissed the petitioner's application under Order XLI, Rule 27 of the Civil Procedure Code. The court held that the dismissal was tainted with illegalities and irregularities, emphasizing that applications for additional evidence should not be dismissed in isolation from the appeal. The court directed that the application would be deemed pending and should be decided afresh along with the appeal by the District Judge, ensuring a just and fair decision in the case. |
| Summary |
In the case of Civil Revision No.2419 of 2005, the Lahore High Court examined the dismissal of an application for additional evidence under Order XLI, Rule 27 of the Civil Procedure Code. The petitioner, Ghulam Qadir, sought to produce additional documents relevant to his suit for possession through pre-emption against Muhammad Bakhsh and others. The court found that the lower court's dismissal was based on technical grounds and did not consider the merits of the case. The High Court emphasized the importance of allowing additional evidence for a fair trial and thus set aside the previous order, allowing the application to be reconsidered alongside the main appeal. This case highlights the significance of procedural fairness in civil litigation and the necessity for appellate courts to consider all relevant evidence that may affect the outcome of a case. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD MUZAMMAL KHAN, J
|
| Lawyers |
Ata-ul-Mohsan Lak,
G.M. Sarwar
|
| Petitioners |
GHULAM QADIR
|
| Respondents |
2 others,
MUHAMMAD BAKHSH
|
| Citations |
2006 SLD 2169,
2006 CLC 1103
|
| Other Citations |
Not available
|
| Laws Involved |
Civil Procedure Code (V of 1908)
|
| Sections |
O. XLI, R.27
|