ABDUL MAJID vs ANJUM AKHTAR O — 2024 CLC 1727 LAHORE-HIGH-COURT-LAHORE

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ABDUL MAJID VS ANJUM AKHTAR O.XXXVII, Rr. 1 & 2---Qanun-e-Shahadat (10 of 1984), Arts. 59 & 84---Summary suit for recovery based on a cheque---Consideration/purpose of issuing cheque not proved---Appearance of attorney on behalf of the appellant, who deposed against the version of the appellant---Absence of independent witness---Reliance on report of Fingerprint Expert in absence of strong and confidence inspiring evidence---Effect---Though the report of the fingerprint expert cannot be relied upon only for the purpose of determining rights of the parties, but when other evidence is not strong and confidence inspiring weightage can be extended to the said report, which is corroboratory in nature. Citation Name: 2024 CLC 1727 LAHORE-HIGH-COURT-LAHORE ABDUL MAJID VS ANJUM AKHTAR a party has to stand on his own legs and any shortcomings in the evidence of the rival party cannot extend any benefit to such party. Citation Name: 2024 CLC 1727 LAHORE-HIGH-COURT-LAHORE ABDUL MAJID VS ANJUM AKHTAR O.XLI, R. 27 & O.VII, R.14---additional evidence at appellate stage, production of---Scope---appellant/plaintiff intended to produce additional evidence at appellate stage without proving that the same could not be produced due to some plausible reason and sufficient cause---Documents sought to be produced were not relied upon while presenting the plaint as per mandate of O.VII, R.14, C.P.C---appellate court must be conscious while allowing a party to adduce additional evidence---Party which intends to bring additional evidence on record must convince the court with proof that such party could not lead the evidence at proper stage due to some plausible reasons and sufficient cause---Party, who had the opportunity to produce evidence in the Trial Court but did not avail of such opportunity, should not be allowed to improve its case by producing evidence at the appellate stage---Party cannot be allowed to fill up the lacuna at appellate stage, when it had been unsuccessful in the Trial Court---appeal was dismissed accordingly.

ABDUL MAJID vs ANJUM AKHTAR O — 2024 CLC 1727 LAHORE-HIGH-COURT-LAHORE

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