MOAZZAM ALI vs LIAQAT ALI O — 2022 YLR 833 LAHORE-HIGH-COURT-LAHORE

Case information

Citation: 2022 YLR 833 LAHORE-HIGH-COURT-LAHORE
Court: Lahore High Court
Year: 2022
Reporter: YLR
Parties: MOAZZAM ALI vs LIAQAT ALI 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

MOAZZAM ALI VS LIAQAT ALI O. XLI, R. 27---Constitution of Pakistan, Art. 10A--- Appellate jurisdiction---Suit pending before District Court--- Revenue records--- Official witness, production of--- Additional evidence, application for--- Refusal, grounds of---Held, that the spirit of O. XLI, R. 27, C.P.C. was to provide an opportunity of fair trial to the parties---Application for additional evidence could only be refused if it had been filed to introduce some new witnesses and to fill in the lacunas, but if list of witnesses was submitted within time in the Court and the diet money was also deposited in the Court, then presumption could not be drawn against the applicant irrespective of the fact that at what stage they filed the application for additional evidence---Suit was solely regarding the revenue record, therefore, the revenue officers/ officials were necessary witnesses to enable the Court to reach at a right conclusion---High Court allowed revision petition and directed the appellate court to summon the witness, record evidence and proceed with the appeal in accordance with law.

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