| Case ID |
46482380-0d59-44bc-859c-bc458ab90fbe |
| Body |
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| Case Number |
Civil Revision No. 196 of 1993 |
| Decision Date |
Jun 13, 1993 |
| Hearing Date |
|
| Decision |
The Lahore High Court set aside the order of the Trial Court denying the permission for the petitioner to produce a crucial document related to the case. The court emphasized that the law leans in favor of adjudication on merits and that technicalities should be avoided. The petitioner, RAB NAWAZ, had faced challenges in presenting evidence due to the oversight of his counsel who was overworked. The court recognized that the petitioner should not suffer due to the negligence of his lawyer. It was decided that the petitioner could produce the document upon payment of costs, thus allowing the case to proceed on its merits. |
| Summary |
In the case of Civil Revision No. 196 of 1993, the Lahore High Court addressed the issue of document submission under the Civil Procedure Code (V of 1908). The petitioner, RAB NAWAZ, sought permission to place a document on record which was critical for his claim of specific performance of an agreement regarding agricultural land. The initial rejection by the Trial Court was based on procedural grounds, stating that the document was not included in the list of documents at the time of filing. The High Court ruled that the petitioner should not be penalized for the oversight of his overworked counsel and emphasized the importance of adjudicating cases based on merits rather than technicalities. This ruling highlights the judiciary's commitment to ensuring justice is served by allowing relevant evidence to be considered in court proceedings. The decision serves as a reminder of the balance between procedural compliance and the right to a fair hearing. Keywords such as 'Civil Procedure Code', 'document submission', 'Lahore High Court', 'merits of the case', and 'justice' are crucial for understanding the implications of this ruling. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
MIAN SAEED-UR-REHMAN FANUKH, J
|
| Lawyers |
Habib Ahmad Ansari,
Ahmad Shah Khagga
|
| Petitioners |
RAB NAWAZ
|
| Respondents |
MUHAMMAD NAWAZ,
|
| Citations |
1994 SLD 1089,
1994 CLC 64
|
| Other Citations |
Not available
|
| Laws Involved |
Civil Procedure Code (V of 1908)
|
| Sections |
O.XIII, R.2
|