Citation Name: 2023 YLR 452 LAHORE-HIGH-COURT-LAHOREBookmark this Case ZAHOOR AHMED vs ZAFAR ABBAS S

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Citation Name: 2023 YLR 452 LAHORE-HIGH-COURT-LAHOREBookmark this Case ZAHOOR AHMED VS ZAFAR ABBAS S. 12(2)---Qanun-e-Shahadat (10 of 1984), Art. 114---Promissory estoppel---Suit for specific performance and permanent injunction---Suit was dismissed as withdrawn on the basis of statement recorded by the petitioner/ plaintiff---Petitioner filed application under S.12(2), C.P.C., for setting side said dismissal/withdrawal order and restoration of the suit for deciding the same on merits---Application was contested by the respondent and consequently dismissed by the Trial Court---Petitioner contended that compromise was effected inter se the parties and in pursuance of the same, the petitioner had withdrawn the suit, but the respondents stepped back of the said alleged compromise---Validity---Petitioner filed appeal against dismissal of application under S. 12(2) of Civil Procedure Code, 1908, which was treated as revision petition and was converted into Constitutional petition---Petitioner had appended with his application affidavits of the witnesses in order to show that fact of alleged compromise---Such was a factual controversy which could not be decided summarily without framing issues and recording evidence, especially when the petitioner's application was adorned with affidavits of the witnesses---After the alleged out of Court settlement, the parties could not go aside and the petitioner could only prove the allegation of respondent's stepping back from compromise by leading evidence---Constitutional petition was allowed, application was deemed to be pending before the Trial Court and the Trial Court was directed to decide the application after framing issues and recording evidence. Citation Name: 2023 YLR 452 LAHORE-HIGH-COURT-LAHOREBookmark this Case ZAHOOR AHMED VS ZAFAR ABBAS art. 10a---Opportunity to prove case through evidence---Each party should be provided with open field to prove his stance by leading evidence, obviously, by adhering to the procedural law i.e. Qanun-e-Shahadat, 1984 and Civil Procedure Code, 1908, in civil nature cases.

Citation Name: 2023 YLR 452 LAHORE-HIGH-COURT-LAHOREBookmark this Case ZAHOOR AHMED vs ZAFAR ABBAS S — 2023 YLR 452 LAHORE-HIGH-COURT-LAHORE

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