| Case ID |
5c8199b3-d87f-4b1c-a709-395edd6494c4 |
| Body |
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| Case Number |
Civil Revision No.21-D and C.M.1-C of 2008 |
| Decision Date |
Mar 25, 2008 |
| Hearing Date |
|
| Decision |
The court dismissed the revision petition, holding that the petitioner's inability to cross-examine the witnesses produced by the respondents on two occasions was not justified. The Appellate Court's decision to set aside the dismissal of the suit by the Trial Court was found to be valid because the plaintiffs had made efforts to produce their evidence. The petitioner's claims of contumacious conduct were not upheld as it was determined that the evidence was indeed brought forth by the respondents, and the failure to record it was due to the petitioner's counsel's inability to perform his duty. The court emphasized the necessity for the petitioner to substantiate their inability to cross-examine the witnesses, ultimately leading to the dismissal of the petition. |
| Summary |
This case revolves around a civil revision petition concerning the specific performance of an agreement, as outlined in the Specific Relief Act and Civil Procedure Code. The Lahore High Court reviewed the circumstances under which the evidence was closed due to the plaintiffs' failure to produce witnesses on multiple occasions. The Appellate Court had previously accepted the appeal against the Trial Court’s decision to dismiss the suit. The case highlights critical aspects of legal representation, the responsibilities of counsel in cross-examination, and the importance of presenting evidence in a timely manner. The ruling indicates that the failure of the defendant's counsel to cross-examine witnesses led to the unfortunate closure of evidence, which was not condoned by the court. The decision underscores the need for attorneys to adhere to their obligations to ensure justice is served and to prevent unnecessary dismissal of cases based on procedural defaults. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
SAIF-UR-REHMAN, J
|
| Lawyers |
Malik Javaid Akhtar Wains
|
| Petitioners |
Mst. ASMAT ELAHI
|
| Respondents |
KHIZER HAYAT and 3 others
|
| Citations |
2009 SLD 463 = 2009 CLC 188
|
| Other Citations |
Syed Iftikhar Hussain Zaidi v. Mst. Shafiqa Begum and 30 others 2003 SCMR 844,
Mian Gul Shahzad Aman Room and others v. Kameen Mian and others PLD 2003 Pesh. 60,
Aftab Ahmad Khan and others v. Mst Surayah Begum and 7 others PLD 2004 Pesh. 168,
Fateh Sher v. Muhammad Zubair 2007 SCMR 797,
Abdul Shakoor and others v. Province of the Punjab and 4 others 2005 SCMR 1673
|
| Laws Involved |
Specific Relief Act,
Civil Procedure Code
|
| Sections |
12,
O.XVII, R.3,
S.115
|