| Case ID |
ffd8e888-e51d-45e1-bd4a-e002bbeeb9c8 |
| Body |
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| Case Number |
C.R. No. 2799 of 2019 |
| Decision Date |
Jan 18, 2019 |
| Hearing Date |
Jan 18, 2019 |
| Decision |
The civil revision filed by the petitioner, who is the defendant in a suit for recovery, was dismissed. The petitioner had challenged the order of the trial court that dismissed his application to produce additional evidence. The court found that no application for additional evidence is competent before the trial court, though an application for permission to produce further evidence is competent. The grounds for such permission were not met, as the evidence was not new or beyond the control of the petitioner. The court upheld the trial court's decision, finding no defect in the order. |
| Summary |
In the case heard by the Lahore High Court, titled 'MUHAMMAD ASHRAF VS AKBAR ALI', the central issue revolved around a civil revision concerning the dismissal of an application to produce additional evidence. The petitioner, Muhammad Ashraf, filed a suit under Order XXXVII of the Civil Procedure Code for recovery against Akbar Ali. After the completion of evidence, Ashraf sought permission to introduce further evidence, which the trial court rejected. The Lahore High Court reaffirmed that applications for additional evidence are not competent before the trial court. The court emphasized the importance of having substantial grounds for such requests, such as the evidence being unknown or circumstances beyond the petitioner's control. No such grounds were present in this case, leading to the dismissal of the revision petition. The decision highlights the discretionary power of the court in determining the necessity of additional evidence and underscores the procedural nuances of the Civil Procedure Code. This case serves as a crucial reference for understanding the legal framework governing the introduction of further evidence in civil suits. |
| Court |
Lahore High Court
|
| Entities Involved |
District Judge/trial Court
|
| Judges |
AMIN-UD-DIN KHAN, JUSTICE
|
| Lawyers |
Rai Ashfaq Ahmed Kharal, Advocate
|
| Petitioners |
MUHAMMAD ASHRAF
|
| Respondents |
AKBAR ALI
|
| Citations |
2021 SLD 2087,
2021 PLJ 603
|
| Other Citations |
Not available
|
| Laws Involved |
Civil Procedure Code (Amendment) Ordinance, 1980,
Civil Procedure Code, 1908 (V of 1908)
|
| Sections |
115,
Order XXXVII
|