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ABDUL RASHEED vs ZAHOOR-UD-DIN (DECEASED) Ss — 2024 CLC 1060 LAHORE-HIGH-COURT-LAHORE

Case information

Citation
2024 CLC 1060 LAHORE-HIGH-COURT-LAHORE
Court
Lahore High Court
Year
2024
Reporter
CLC
Parties
ABDUL RASHEED vs ZAHOOR-UD-DIN (DECEASED) Ss
Subject matter
Criminal

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

ABDUL RASHEED VS ZAHOOR-UD-DIN (DECEASED) Ss.12, 42 & 54---Oral agreement to sell---Proof---Evidence beyond pleadings---Effect---Predecessor-in-interest of respondents filed suit seeking declaration and possession of suit property through specific performance of agreement to sell---Trial Court partially decreed the suit in favour of predecessor-in-interest of respondents but Lower Appellate Court decreed the suit as prayed for in the plaint---Validity---Oral agreement to sell is permissible in law, but it has to be proved through credible and un-impeachable evidence---No date, time, place and mode of payment or names of witnesses of alleged oral agreement to sell were mentioned---Such ingredients were sine qua non to prove oral sale without which decree of specific performance could not be passed---No party could lead evidence beyond pleadings---Parties were required to lead evidence in consonance with their pleadings and no evidence could be produced or looked into in support of a plea which had not been taken in the pleadings---Court was to exclude and ignore such evidence led beyond pleadings from consideration---If a party intended to prove or disprove a case and some material was to be brought on record as part of evidence, which was not covered by the pleadings, it was to first seek amendment of pleadings---High Court in exercise of appellate jurisdiction set aside judgment and decree passed by Lower Appellate Court and restored that of Trial Court---Second appeal was allowed accordingly.

Other judgments reported in 2024 CLC

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