| Case ID |
2b198fcb-95f1-4ab3-9eb0-8f539080685a |
| Body |
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| Case Number |
Civil Petition No. 100-R of 198J |
| Decision Date |
May 03, 1988 |
| Hearing Date |
|
| Decision |
The Supreme Court granted leave to appeal from the Lahore High Court's order which dismissed the constitutional petition filed by the petitioner against the Additional District Judge's ruling. The case revolves around the admissibility of an unstamped document in evidence. The Court observed that once a document is admitted in evidence, it might not be possible for the petitioner to challenge its admissibility in higher forums. The Court found merit in the petitioner's contention that the High Court's assertion of adequate remedy in the appellate court was incorrect. Consequently, the proceedings before the trial court were stayed pending the appeal's hearing. |
| Summary |
This case involves a civil dispute concerning property ownership stemming from a purported gift made by Mst. Bano Bibi to her grandson, Raja Ghulam Hussain. The crux of the case lies in the admission of an unstamped lease agreement as evidence, which the trial court initially impounded. The Additional District Judge later allowed the respondent to present her evidence regarding the lease, prompting the petitioner to seek relief from the High Court. The Supreme Court's decision emphasizes the importance of evidentiary rules and the implications of document admissibility in legal proceedings. The case highlights critical issues regarding property law, procedural fairness, and the appellate process in Pakistan's judiciary. Given the complexities of civil procedure, the ruling serves as a precedent for similar cases involving evidence challenges and the rights of parties in civil litigation. It underscores the necessity for lawyers to navigate procedural nuances skillfully to protect their clients' interests effectively. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
SAAD SAOOD JAN,
ALI HUSSAIN QAZILBASH,
USMAN ALI SHAH
|
| Lawyers |
Raja Muhammad Anwar,
Manzoor Illahi
|
| Petitioners |
Raja GHULAM HUSSAIN
|
| Respondents |
another,
THE ADDITIONAL DISTRICT JUDGE
|
| Citations |
1989 SLD 1826,
1989 SCMR 1658
|
| Other Citations |
Kailash Narain and others v. Bhairoom Dutta A I R 1983 Raj. 27,
Javed Chand v. Pukhraj Surana A I R 1961 S C 1955
|
| Laws Involved |
Civil Procedure Code (V of 1908),
Constitution of Pakistan (1973)
|
| Sections |
OXII1, Rr.4 & 8,
Art. 185(3)
|