| Case ID |
3680863f-6c30-4696-89ec-bed8796d8c35 |
| Body |
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| Case Number |
Revision Petition No. 25 of 1951 |
| Decision Date |
Oct 23, 1951 |
| Hearing Date |
|
| Decision |
The Lahore High Court decided to set aside the order of the learned Sub-Judge and remanded the case for further proceedings. The court found that the lower court did not adequately consider the admission made in the plaint regarding payments received by way of rent, which were relevant to the determination of the case. The judgment emphasized the importance of allowing the plaintiff the opportunity to explain this admission, thereby ensuring that the proceedings were fair and just. The court reiterated that all official acts are presumed to have been performed regularly and that the requirements of law must be satisfied before any provincial legislation can be deemed valid. The matter was to be reconsidered in light of the new examination of evidence and the previous suit records. |
| Summary |
This case revolves around the revision petition filed by Mehraj Din against the order of the Subordinate Judge concerning a mortgage recovery suit brought by Mst. Rafia Begum. The core issue was whether the previous suit's decree, which involved only the recovery of interest, barred the current claim for the principal amount due on the mortgage. The court highlighted procedural irregularities, particularly regarding the lack of recorded statements about admissions in the plaint. The ruling emphasized the necessity for proper judicial process, including the right to explain admissions, thereby enhancing the integrity of legal proceedings. The judgment also touches upon the implications of the Evidence Act, Court Fees Act, and the Civil Procedure Code, reinforcing the importance of following legislative requirements in judicial matters. The case serves as a crucial reference for understanding procedural fairness in civil litigation, especially concerning the admission of evidence and the interpretation of fiscal statutes. Keywords: mortgage recovery, civil procedure, legal proceedings, judicial process, evidence admission. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
S. A. Rahman, J
|
| Lawyers |
Qazi Muhammad Ashraf,
Fazal Din,
Malik Muhammad Amin
|
| Petitioners |
Mehraj Din
|
| Respondents |
others,
Mst. Rafia Begum
|
| Citations |
1952 SLD 121,
1952 PLD 219
|
| Other Citations |
Not available
|
| Laws Involved |
Evidence Act (I of 1872),
Court Fees Act (VII of 1870),
Civil Procedure Code (V of 1908),
Government of India Act, 1915
|
| Sections |
114,
6,
115,
80-A (2)
|