| Case ID |
44f29ef9-e70b-44cc-bdc0-289f212f8e40 |
| Body |
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| Case Number |
Civil Revision Petition No.450 of 2007 |
| Decision Date |
Sep 18, 2007 |
| Hearing Date |
|
| Decision |
The court dismissed the Civil Revision Petitions filed by Jalil Khan Dotani against Dawood Ahmed and Tahir Ahmed Dar. The petitioner sought to set aside the trial court's orders rejecting his applications to produce secondary evidence of a sale agreement. The court held that the petitioner failed to establish the execution and existence of the agreement, and the delay in filing for secondary evidence was unjustified. The trial court's conclusion was upheld, emphasizing that the petitioner needed to prove the original document was lost without his fault, which he did not satisfactorily demonstrate. Therefore, the petitions were dismissed without merit. |
| Summary |
In the case of Jalil Khan Dotani v. Dawood Ahmed and others, the Quetta High Court addressed the issue of secondary evidence under the Specific Relief Act and Qanun-e-Shahadat. The petitioner, seeking specific performance of a sale agreement, claimed that the original document was lost. The court found that the petitioner did not provide sufficient evidence to support his claim, especially given the significant delay in notifying the court about the lost document. The decision underscores the importance of timely action in legal proceedings and the need for clear evidence when asserting the loss of documents. The ruling serves as a critical reference for similar cases involving secondary evidence and document production in civil suits. Legal practitioners must ensure compliance with procedural requirements to avoid dismissal of claims based on technical grounds. |
| Court |
Quetta High Court
|
| Entities Involved |
Not available
|
| Judges |
SYEDA TAHIRA SAFDAR, J
|
| Lawyers |
Rauf Ahmed Hashmi,
Tahir Ahmed Dar
|
| Petitioners |
Jalil Khan Dotani
|
| Respondents |
DAWOOD AHMED,
Tahir Ahmed Dar
|
| Citations |
2010 SLD 2415 = 2010 CLC 1434
|
| Other Citations |
Not available
|
| Laws Involved |
Specific Relief Act (I of 1877),
Qanun-e-Shahadat (10 of 1984)
|
| Sections |
42,
54,
74,
75,
76,
77,
78
|