PAK LAW GPT — Pakistan Case Law AI justice scale emblemPAK LAW GPTCase law · Urdu & English

SHAMSHAD BIBI vs RIASAT ALI S — 2023 PLD 643 SUPREME-COURT

Case information

Citation
2023 PLD 643 SUPREME-COURT
Court
Supreme Court of Pakistan
Year
2023
Reporter
PLD
Parties
SHAMSHAD BIBI vs RIASAT ALI S
Subject matter
Civil
Provisions referred to
S. 115

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

SHAMSHAD BIBI VS RIASAT ALI S. 115 & O. XLI, R. 27---Revisional jurisdiction of the High Court---Additional evidence, recording of---Scope---Ordinarily, at the stage of civil revision there is no question of recording additional evidence, but there may be exceptional cases where, in the interest of justice and if so required by the court to enable it to adjudicate on the matter, the court may order that such additional evidence should be recorded---In exceptional cases depending on the facts and circumstances, a court exercising revisional jurisdiction may record clarificatory statement or admit evidence in any other form, in order to determine whether the lower court had acted illegally or with material irregularity, so as to attract clause (c) of section 115(1) of the C.P.C.---Where in a case falling under section 115(1)(c) of the C.P.C., it has been established that the appellate court had exercised its jurisdiction illegally or with any material irregularity then the scope of additional evidence is not excluded---Additional evidence can, therefore, be admitted in exceptional cases and to rectify the error where the court had acted illegally or with material irregularity in the exercise of its jurisdiction, and justifiably fell within the four corners of the power vested in the High Court under section 115 of the C.P.C.

Other judgments reported in 2023 PLD

Back to the case-law library · Search Pakistani case law in Urdu or English