| Case ID |
368db11f-ca58-483d-86e2-cef1f56f9db5 |
| Body |
View case body. Login to View |
| Case Number |
Civil Revision No.1571 of 2007 |
| Decision Date |
Nov 02, 2007 |
| Hearing Date |
|
| Decision |
The Lahore High Court accepted the revision petition and set aside the impugned decree, granting the petitioner a single opportunity to present his entire evidence on a date fixed by the Trial Court. The petitioner was required to pay costs of Rs.5,000, and failure to produce evidence would result in revival of the previous decree. The court emphasized that the earlier adjournments granted were routine and should not have led to the dismissal of the petitioner's suit for lack of evidence. The decision highlighted the necessity for the Trial Court to consider all evidence before making a determination regarding the dismissal of the suit. |
| Summary |
This case revolves around a civil revision concerning a pre-emption suit where the Lahore High Court ruled on the dismissal of the petitioner's case for non-production of evidence. The petitioner, Muhammad Bashir, sought possession of land through pre-emption rights but faced repeated adjournments in presenting evidence. The court noted that the Trial Court had not required the petitioner to appear in person or produce all necessary documents. The High Court emphasized the importance of considering all evidence before dismissing a suit, and ultimately granted the petitioner another chance to present his case. This decision underscores the court's commitment to ensuring a fair hearing and the application of proper legal standards in procedural matters. Keywords such as 'Civil Revision', 'Pre-emption Suit', 'Lahore High Court', and 'Evidence Production' are vital to understanding the legal implications of this case. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD MUZAMMAL KHAN, J
|
| Lawyers |
Ch. Dost Muhammad Kahoot for Petitioner.,
Allah Wasaya Malik for Respondents.
|
| Petitioners |
MUHAMMAD BASHIR
|
| Respondents |
MUHAMMAD RAMZAN and another
|
| Citations |
2008 SLD 665 = 2008 CLC 252
|
| Other Citations |
Syed Tasleem Ahmed Shah v. Sajawal Khan and others 1985 SCMR 585
|
| Laws Involved |
Civil Procedure Code (V of 1908),
Punjab Pre-emption Act (IX of 1991)
|
| Sections |
O.XVII,r.3,
Ss. 5 & 13
|