| Case ID |
ed9e66b1-dceb-40f4-84af-2c0ecad2183a |
| Body |
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| Case Number |
Writ Petition No. 3159 of 2020 |
| Decision Date |
Mar 04, 2022 |
| Hearing Date |
|
| Decision |
The Islamabad High Court, presided by Justice Sardar Ejaz Ishaq Khan, set aside the trial court's order that erroneously labeled the plaintiff's inability to produce documents not in their possession as a lacuna in their case. The court ruled that the trial court had conflated the legal burden of proof with the evidential burden, placing an undue obligation on the plaintiff to produce documents held by the Capital Development Authority (CDA). The High Court remanded the case back to the trial court for a fresh decision, emphasizing that the production of public records should be more liberal compared to private documents. The court pointed out that the trial court should have allowed the CDA to produce the relevant records regarding alternative allotments, which was crucial for the determination of the plaintiff’s claims. This decision underscores the importance of proper evidentiary procedures and the responsibilities of public bodies in civil litigation. |
| Summary |
In the case of Writ Petition No. 3159 of 2020, the Islamabad High Court addressed critical issues regarding the evidentiary burdens in civil trials, particularly in relation to public bodies and their obligations to produce records. The court examined the principles of the Qanun-e-Shahadat and the Civil Procedure Code, focusing on the requirements for additional evidence and the distinct facets of legal and evidential burdens. The plaintiff, Messrs Naseem Company, had claimed the cancellation of their plot by the Capital Development Authority (CDA) was invalid, asserting that alternative plots had been allotted to other allottees. The trial court's refusal to allow the CDA to produce relevant records was deemed erroneous, leading to the High Court's decision to remand the case for reconsideration. This ruling highlights the need for transparency and accountability in administrative actions by public authorities, reinforcing the paradigm of justice in civil proceedings. |
| Court |
Islamabad High Court
|
| Entities Involved |
Capital Development Authority,
Messrs NASEEM COMPANY
|
| Judges |
SARDAR EJAZ ISHAQ KHAN, J
|
| Lawyers |
Sardar M. Haroon Sami,
Syed Muhammad Ali Bokhari
|
| Petitioners |
Messrs NASEEM COMPANY,
Mr Nasim Javed
|
| Respondents |
CAPITAL DEVELOPMENT AUTHORITY
|
| Citations |
2022 SLD 2139,
2022 MLD 1426
|
| Other Citations |
Zakaullah Khan v. Muhammad Aslam and another 1991 SCMR 2126,
Messrs Sentinel (Pvt.) Ltd. v. Mst. Gul Fareen Jana and another 2008 PLC 304,
Pakistan Steel Mills Corporation Limited v. Malik Abdul Habib and another 1993 SCMR 848,
Abdul Karim Nausherwani and another v. The State through Chief Ehtesab Commissioner 2015 SCMR 397,
Saeed Ahmed v. The State 2015 SCMR 710
|
| Laws Involved |
Qanun-e-Shahadat (10 of 1984),
Civil Procedure Code (V of 1908),
Specific Relief Act, 1877
|
| Sections |
85,
86,
117,
120,
129,
2,
O.XIII, R.2,
O.XV, R.3,
42,
54
|