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PAK SUZUKI MOTORS COMPANY LIMITED vs FAISAL JAMEEL BUTT Ss — 2023 PLD 482 SUPREME-COURT

Case information

Citation
2023 PLD 482 SUPREME-COURT
Court
Supreme Court of Pakistan
Year
2023
Reporter
PLD
Parties
PAK SUZUKI MOTORS COMPANY LIMITED vs FAISAL JAMEEL BUTT Ss

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

PAK SUZUKI MOTORS COMPANY LIMITED VS FAISAL JAMEEL BUTT Ss. 5, 6, 7 & 8---Defective motor vehicle---Claim filed against manufacturer of vehicle before the Consumer Court---Alleged defects not mentioned in the pleadings---Effect---Claim filed by respondent/claimant did not make any specific mention of the alleged defects in the vehicle---Even the legal notices sent by respondent made no mention of any specific defects, and it was only in his affidavit, submitted as his examination-in-chief, that he mentioned the defects---Litigant was required to plead all material facts that were necessary to seek the relief claimed and then to prove the same through evidence---Parties were required to lead evidence in consonance with their pleadings and no evidence could be led or looked into in support of a fact or a plea that had not been taken in the pleadings---Notably, respondent also admitted in his cross-examination that he had not described the specific defects in the vehicle in his pleadings/claim---Therefore, the defects alleged in the affidavit of respondent were beyond the scope of the pleadings and, hence, could not have been considered---Appeal was allowed and claim filed by respondent was dismissed.

Other judgments reported in 2023 PLD

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