| Case ID |
2bac29b6-bba1-46fa-9b1a-9a9e4867b74b |
| Body |
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| Case Number |
Revision Petition No. 77 of 2003 |
| Decision Date |
Apr 06, 2004 |
| Hearing Date |
Apr 06, 2004 |
| Decision |
The revision petition is accepted, allowing the petitioners to produce the registered gift deed as evidence. The court emphasized that procedural rules should facilitate justice, allowing for the introduction of documents even after the first hearing if their authenticity is not in doubt. The trial court's refusal to admit the gift deed was deemed unjustified, as it was essential for a fair resolution of the case concerning the land ownership dispute. |
| Summary |
This case revolves around the procedural aspects of document admission in a land possession dispute. The High Court of AJ&K dealt with a revision petition concerning the refusal of the trial court to allow the petitioners to present a registered gift deed, which was crucial for establishing their ownership claim. The court highlighted the importance of judicial discretion in admitting documents at any stage if their genuineness is clear, thereby focusing on the overarching principle of justice. The ruling reinforces the notion that all procedural rules are subservient to the pursuit of justice, allowing parties the opportunity to present significant evidence even post the initial hearing. This case serves as a landmark for future references involving document production in civil proceedings, ensuring that genuine claims are not dismissed due to procedural technicalities. |
| Court |
High Court (AJ&K)
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD REAZ AKHTAR CHAUDHRY
|
| Lawyers |
Miss Nabeela Nazir,
Sh. Abdul Aziz
|
| Petitioners |
,
MUHAMMAD AFZAL
|
| Respondents |
,
KHUSH HAL
|
| Citations |
2004 SLD 2994,
2004 PLD 43
|
| Other Citations |
PLD 1984 Lah. 139,
1987 CLC 504,
PLD 1984 Azad J&K 41
|
| Laws Involved |
Specific Relief Act (I of 1877),
Civil Procedure Code (V of 1908)
|
| Sections |
O. XIII, Rr.1, 2
|