| Case ID |
46b269d6-e661-4018-8f4b-1713b54b4d89 |
| Body |
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| Case Number |
W.P. No. 5400 of 2004 |
| Decision Date |
Jun 03, 2004 |
| Hearing Date |
Jun 03, 2004 |
| Decision |
The Lahore High Court dismissed the writ petition filed by Altaf Hussain Shah, asserting that it lacked jurisdiction to substitute its findings for those of the lower courts. The court upheld the concurrent findings of the lower courts, which had disallowed the petitioner's request to summon witnesses on the grounds that the matter was at a stage ripe for judgment. The court emphasized that the discretion to summon witnesses at a late stage lies with the trial court, and it can only be interfered with if exercised arbitrarily. The court found that the petitioner failed to show reasonable cause for the delay in summoning witnesses and noted that the application appeared to be filed merely to prolong the proceedings. Therefore, the application was rightly dismissed by both the trial court and the revisional court. |
| Summary |
The case of Altaf Hussain Shah v. Muhammad Asghar Khan, decided by the Lahore High Court, revolves around a writ petition concerning the summoning of witnesses at a late stage of proceedings. The petitioner, Altaf Hussain Shah, argued that the trial court had committed a material irregularity by dismissing his application to summon witnesses without receiving a reply from the respondents. The High Court, however, upheld the lower courts' decisions, reinforcing the principle that the summoning of evidence is at the discretion of the trial court and cannot be arbitrarily interfered with by higher courts. The court noted that the petitioner had not produced witnesses even after being granted the last opportunity, which led to the dismissal of his application. This case highlights important legal principles regarding the discretion of lower courts in civil proceedings and the significance of timely action by parties involved in litigation. Keywords: Writ Petition, Lahore High Court, Summoning of Witnesses, Discretion of Courts, Civil Procedure Code, Legal Principles. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
Ch Ijaz Ahmad, J.
|
| Lawyers |
Syed Aftab S!icra~i,
Mr. Muhammad Hanif Khatc.ua,
Mr. Muntazar Mchdi
|
| Petitioners |
Altaf Hussain Shah
|
| Respondents |
,
Muhammad Asghar Khan
|
| Citations |
2004 SLD 3581,
2004 PLJ 1665
|
| Other Citations |
PLD 1973 Lah. 600,
PLD 1964 SC 260,
1974 SCMR 279,
PLD 1981 SC 246,
PLD 1981 SC 522,
NLR 1992 Civ. 740,
1995 MLD 868,
1988 CLC 1840,
1988 CLC 2175,
1999 MLD 2160,
1988 MLD 803,
1993 CLC 1580,
1999 SCMR 799,
NLR 1999 SCJ 506
|
| Laws Involved |
Constitution of Pakistan, 1973,
Civil Procedure Code (V of 1908)
|
| Sections |
199,
16,1
|