MUHAMMAD AYUB (DECEASED) vs HASHIM KHAN (DECEASED) arts — 2023 CLC 504 LAHORE-HIGH-COURT-LAHORE

Case information

Citation: 2023 CLC 504 LAHORE-HIGH-COURT-LAHORE
Court: Lahore High Court
Year: 2023
Reporter: CLC
Parties: MUHAMMAD AYUB (DECEASED) vs HASHIM KHAN (DECEASED) arts

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 AYUB (DECEASED) VS HASHIM KHAN (DECEASED) arts.47 & 75---Evidence of deceased in prior judicial proceedings---Copies of statements of the deceased witnesses were submitted in earlier suit which suit was dismissed by Civil Court and thereafter was also dismissed by appellate Court as withdrawn---Civil Court after scanning of entire evidence had rejected claim of the plaintiff in earlier suit and thereafter simple withdrawal thereof in appeal would not frustrate/wash away the well-reasoned determination made by Court---assumption could be that such suit would have never been instituted, but the moment it was decided then the effect of final culmination could not be disregarded in the days to come---If the witness whose statement was recorded in such suit, died, copies of his statement could beheld admissible as secondary evidence but only following the procedure as such.

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