GHAZI KHAN vs MUHAMMAD YOUSAF O — 2023 CLC 2098 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Citation: 2023 CLC 2098 QUETTA-HIGH-COURT-BALOCHISTAN
Court: Balochistan High Court
Year: 2023
Reporter: CLC
Parties: GHAZI KHAN vs MUHAMMAD YOUSAF 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

GHAZI KHAN VS MUHAMMAD YOUSAF O.VI, R. 4 & O.VIII, R.2---Evidence beyond pleadings---Record revealed that the respondent had not pleaded the price of the suit-property (shop) in his written statement and tried to establish, through his two witnesses, that the petitioner had sold out the shop in exchange for a price of Rs.15,00,000/=, but said evidence to such extent was departure from his pleadings---Evidence beyond pleadings was to be simply ignored and both the Courts below should have over-looked the same---High Court set-aside the decrees and judgments passed by both the Courts below and decreed the suit filed by the petitioner / plaintiff, declaring that agreement to sell asserted by the respondent/defendants was forged one---Revision was allowed, in circumstances.

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