| Case ID |
d820f235-8ed3-439b-84bf-557d4b44c0de |
| Body |
View case body. Login to View |
| Case Number |
Civil Revision No. 3543 of 2014 |
| Decision Date |
Feb 09, 2017 |
| Hearing Date |
|
| Decision |
The Lahore High Court dismissed the revision petition filed by the petitioner, Muhammad Arshad, against the decree of the learned Trial Court for want of evidence. The Court found that the petitioner had failed to produce evidence despite being given multiple opportunities. The conduct of the petitioner was described as contumacious, and no valid reason was provided for the failure to present evidence. The Court also noted that the petitioner did not comply with the requirements of the Limitation Act and the Civil Procedure Code regarding the filing of certified copies of documents. Therefore, the revision petition was dismissed due to the lack of compliance and merit. |
| Summary |
This case revolves around the dismissal of a revision petition by the Lahore High Court in relation to a civil suit for possession through pre-emption. The petitioner, Muhammad Arshad, contested the dismissal of his suit by the Trial Court, which had closed his right to present evidence due to his failure to do so despite numerous opportunities. The High Court upheld the Trial Court's decision, emphasizing the petitioner's negligent conduct and lack of compelling reasons for his failure to present evidence. The ruling highlighted the importance of adhering to procedural requirements and the consequences of neglect in civil proceedings. This case serves as a significant reference for understanding the boundaries of diligence expected from litigants and the judicial system's patience in affording opportunities to present evidence. It reinforces the necessity for compliance with legal requirements in civil proceedings, especially in relation to the Limitation Act and Civil Procedure Code. Keywords: Civil Procedure, Limitation Act, Lahore High Court, evidence presentation, legal compliance. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
SHAHID WAHEED, JUSTICE,
MUHAMMAD ARSHAD
|
| Lawyers |
Sohail Qaiser Farooq Tarar
|
| Petitioners |
MUHAMMAD ARSHAD
|
| Respondents |
MUHAMMAD NAWAZ
|
| Citations |
2017 SLD 2260 = 2017 CLC 1254
|
| Other Citations |
Pirzada Amir Hassan and others v. Mrs. Shamim Shah Nawaz and others 1984 CLC 3080,
The Administrator, Lahore Municipal Corporation, Lahore v. Abdul Hamid and others 1987 CLC 1261,
Province of Punjab through District Officer Revenue Rawalpindi and others v. Muhammad Sarwar 2014 SCMR 1358,
Said Muhammad v. Sher Muhammad and 2 others 2001 MLD 1546,
Sultan Khan and 3 others v. Sultan Khan 2004 MLD 918
|
| Laws Involved |
Civil Procedure Code (V of 1908),
Limitation Act, 1908,
Punjab Pre-emption Act, 1991
|
| Sections |
1(3),
3,
115,
12,
13
|