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MUHAMMAD SIDDIQUE vs GUL NAWAZ O — 2021 SCMR 1480 SUPREME-COURT

Case information

Citation
2021 SCMR 1480 SUPREME-COURT
Court
Supreme Court of Pakistan
Year
2021
Reporter
SCMR
Parties
MUHAMMAD SIDDIQUE vs GUL NAWAZ O
Subject matter
Civil

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

MUHAMMAD SIDDIQUE VS GUL NAWAZ O. XLI, R. 27---Production of additional evidence in Appellate Court---Scope---Question as to whether an Appellate Court while exercising powers under O. XLI, R. 27, C.P.C. could set aside the judgment and decree of Trial Court---Held, that the Appellate Court was required to decide the application for adducing additional evidence itself and had to give the reasons for allowing such application and that too within the parameters of O. XLI, R. 27, C.P.C.---In case such application was allowed then the Appellate Court may record the additional evidence itself or direct the trial court to record such evidence and to remit the same to the Appellate Court, however, under no circumstances the Appellate Court could set aside the judgment and decree of the Trial Court while remanding the case to the court whose decree was under appeal for having the additional evidence recorded.

Other judgments reported in 2021 SCMR

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