Mst.NASEEBA vs SALEEM AKHTAR O — 2024 MLD 565 Gilgit-Baltistan Chief Court

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Mst.NASEEBA VS SALEEM AKHTAR O. XIII, R. 2---Specific Relief act (I of 1877), Ss. 42 & 12---Suit for declaration and specific performance of agreement to sell---Production of documentary evidence---Stage---Scope---Writ jurisdiction of the Chief Court was invoked by the defendant against the order of the District Court allowing revision filed by the plaintiff---Contention of the petitioner/defendant was that documents could not be produced by the respondent/plaintiff at the time of recording of rebuttal evidence---Record revealed that during trial of the case before the Trial Court, the respondent/plaintiff had filed application for production of the disputed cheques---Trial Court had obtained replication from the petitioner/defendant and heard the arguments from both parties; and after that, the Trial Court had allowed the said application, and the respondent/plaintiff was allowed to produce the disputed Cheques in the trial vide an order---Petitioner/defendant had not challenged the said order passed by the Trial Court before the appellate Forum , which had attained finality---Hence, the petitioner/defendant was estopped by her conduct and admission to challenge the said order before the Chief Court at belated stage---Moreover, there was no any bar in law to exhibit the already produced documents at the time of recording of rebuttal evidence---Record further revealed that the concerned Manager Operation of the Bank who had attested the disputed cheques had already appeared before the Trial Court and his statement had also been recorded by the Trial Court---Said witness had also owned the disputed cheques in his statement recorded by the Trial Court stating therein that the original cheques were lying in the bank; hence, the Trial Court had erred in law by refusing to exhibit the disputed cheques while recording rebuttal evidence and the Revisional Court had rightly set aside the order of the Trial Court while accepting the revision of the respondent/plaintiff allowing him to exhibit the disputed cheques, as the same (cheques) would help the Trial Court to arrive at correct and just conclusion---No illegality or material irregularity had been committed by the Revisional (District) Court while passing the impugned judgment/order warranting interference of the Chief Court under its writ jurisdiction---Chief Court upheld the impugned judgment and order passed by the appellate Court---Writ petition filed by the defendant was dismissed, in circumstances.

Mst.NASEEBA vs SALEEM AKHTAR O — 2024 MLD 565 Gilgit-Baltistan Chief Court

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