| Case ID |
2cf6a6be-f414-4b69-a870-ea84d972dd04 |
| Body |
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| Case Number |
Civil Revision No. 1493 of 2004 |
| Decision Date |
Jan 26, 2005 |
| Hearing Date |
|
| Decision |
The revision petition was dismissed in limine as the High Court found no misreading or non-reading of evidence or any material irregularity in the concurrent findings of the lower courts. The argument presented by the petitioner's counsel regarding the admissibility of documents was rejected as settled law dictates that once a document is admitted in evidence, objections at the appellate or revisional stage are not permissible. Furthermore, the lack of cross-examination of witnesses by the petitioner led to the acceptance of their statements as correct. The High Court concluded that the lower courts had properly appreciated the evidence and that the judgments and decrees issued were valid and warranted no interference. |
| Summary |
In the case of Civil Revision No. 1493 of 2004, the Peshawar High Court addressed the appeal filed by Haji Muhammad Ameen against the judgment and decree favoring Messrs Frontier Ceramics Ltd. The central issues revolved around the admissibility of documents and the implications of non-cross-examination of witnesses. The court reaffirmed established legal principles under the Civil Procedure Code and Qanun-e-Shahadat, emphasizing that documents once admitted cannot be contested at later stages unless substantial errors are demonstrated. The ruling highlighted the importance of adhering to procedural laws in civil litigation, reinforcing the necessity for parties to present their arguments and evidence at the appropriate stages. The final decision dismissed the revision petition, thereby upholding the lower courts' decisions. This case serves as a critical reference for understanding procedural compliance in civil cases, pertinent to practitioners and scholars alike. |
| Court |
Peshawar High Court
|
| Entities Involved |
|
| Judges |
Talaat Qayum Qureshi, J
|
| Lawyers |
Muhammad Iqbal Khalil
|
| Petitioners |
Haji Muhammad Ameen
|
| Respondents |
Messrs Frontier Ceramics Ltd. Peshawar
|
| Citations |
2005 SLD 1824,
2005 PLD 69
|
| Other Citations |
Malik Din and another v. Muhammad Aslam PLD 1969 SC 136,
Abdullah and 3 others v. Abdul Karim and others PLD 1968 SC 140,
Muhammad Akram v. Syed Imrao Ali Shah 1988 CLC 2228,
Abdul Hamid v. Muhammad Zamir and 2 others 1990 MLD 1617,
National Bank of Pakistan v. Said Mir 1987 CLC 1103,
Muhammad Akhtar v. Mst. Mana and 3 others 2001 SCMR 1700,
Mst. Noor Jehan Begum v. Syed Mujtaba Naqvi 1990 SCMR 2300,
Aminul Haq v. Abdul Wasi 2004 CLC 555,
Haji Din Muhammad through L.Rs. v. Mst. Hajira Bibi PLD 2002 Pesh. 21,
Din Muhammad and others v. Sardar Muhammad Zaman 2001 SCMR 1992,
Binyamin and 3 others v. Chaudhry Hakam and another 1996 SCMR 336
|
| Laws Involved |
Civil Procedure Code (V of 1908),
Qanun-e-Shahadat (10 of 1984)
|
| Sections |
115,
O.XIII,
Rr.1,4,7,
O.VI,
R.1,
133
|