| Case ID |
453306ee-ea27-4ce0-9610-2c661db38f9c |
| Body |
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| Case Number |
Writ Petition No. 201 of 1988 |
| Decision Date |
Feb 09, 1989 |
| Hearing Date |
|
| Decision |
The Lahore High Court set aside the orders of the learned Civil Judge and the learned Additional District Judge, directing the trial court to allow the petitioner, Ghulam Nabi, to produce evidence in rebuttal. The court emphasized that the petitioner had reserved his right to rebut the evidence presented by the respondents and that no provision in the Civil Procedure Code prevented him from doing so. The court mandated that the trial be concluded within one month and that a compliance report be submitted. |
| Summary |
In the case of Writ Petition No. 201 of 1988, the Lahore High Court addressed the critical issue of a petitioner's right to produce rebuttal evidence in a civil suit under the Civil Procedure Code (V of 1908). The petitioner, Ghulam Nabi, had initially presented his evidence but later sought to produce additional documents, asserting his right to rebut the evidence provided by the respondents, which was not permitted by the trial court. The High Court ruled that the trial court's refusal to allow rebuttal evidence was unjustified, as the petitioner had explicitly reserved this right. This ruling reinforces the importance of allowing parties a fair opportunity to present their cases fully, a principle that is essential in the interest of justice. The decision mandates that trials respect procedural rights and expedites the judicial process, aligning with current trends in civil litigation that advocate for fair and efficient resolutions. The case underscores the significance of procedural due process in civil litigation, ensuring that all parties can fully present their arguments and evidence. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
AFRASIAB KHAN
|
| Lawyers |
Ch. Arshad Mahmood,
Mian Abdul Rashid
|
| Petitioners |
Ghulam Nabi
|
| Respondents |
Brig. Muhammad Akram and Others
|
| Citations |
1990 SLD 195,
1990 CLC 664
|
| Other Citations |
Not available
|
| Laws Involved |
Civil Procedure Code (V of 1908)
|
| Sections |
OXVIII,R.3
|