ZIA-UL-HAQUE MUGHERI vs MUHAMMAD MURAD Ss — 2022 CLC 319 KARACHI-HIGH-COURT-SINDH

Case information

Citation: 2022 CLC 319 KARACHI-HIGH-COURT-SINDH
Court: Sindh High Court
Year: 2022
Reporter: CLC
Parties: ZIA-UL-HAQUE MUGHERI vs MUHAMMAD MURAD Ss
Subject matter: Civil
Provisions referred to: Civil Procedure Code (V of 1908)

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

ZIA-UL-HAQUE MUGHERI VS MUHAMMAD MURAD Ss.12, 42 & 54---Qanun-e-Shahadat (10 of 1984), Art.18---Civil Procedure Code (V of 1908), O.XV, R.1 & O.XVII, R.3---Suit for specific performance of agreement, declaration and injunction---Evidence, non-production of---Effect---Suit filed by petitioner/plaintiff was dismissed under O.XVII, R.3, C.P.C. by Trial Court and Lower Appellate Court because of failure of petitioner/plaintiff to produce evidence on repeated occasions---Validity---Evidence was required in support of issues as framed and not pleadings---Such were the issues and not pleadings which guide parties in adducing evidence---Stage of adducing evidence would come only when parties were at dispute on question of law or fact which legally was known as issues---When parties were not on dispute/issues then course to be adopted by Courts was provided under O. XV, C.P.C.---Demand to lead evidence must be after notice to parties to what they were to prove and disprove---Marked difference existed between O.XV, C.P.C. and O. XVII, C.P.C.---Lower Appellate Court did not frame points for determination and judgment of Trial Court was not meeting required criterion for proceeding within meaning of O.XVII, R.3, C.P.C.---High Court in exercise of revisional jurisdiction set aside concurrent judgments and decrees passed by two Courts below and matter was remanded to Trial Court for deciding the same in accordance with law---Revision was allowed, in circumstances.

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