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Citation Name: 2024 YLR 1024 PESHAWAR-HIGH-COURTBookmark this Case SULEMAN SHAH vs Mian NISAR AHMAD (deceased) O — 2024 YLR 1024 PESHAWAR-HIGH-COURT

Case information

Citation
2024 YLR 1024 PESHAWAR-HIGH-COURT
Court
Peshawar High Court
Year
2024
Reporter
YLR
Parties
Citation Name: 2024 YLR 1024 PESHAWAR-HIGH-COURTBookmark this Case SULEMAN SHAH vs Mian NISAR AHMAD (deceased) O
Subject matter
Criminal
Provisions referred to
Civil Procedure Code

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

Citation Name: 2024 YLR 1024 PESHAWAR-HIGH-COURTBookmark this Case SULEMAN SHAH VS Mian NISAR AHMAD (deceased) O. VIII, R. 10---Right of defense---Striking off---Scope and effect---Trial Court did not consider the evidence of the defendants on the ground that in absence of pleading, no evidence could be led and looked into---Validity---Record revealed that despite the fact that right of defense of the respondents was struck off but on the very next day they filed their written-statement, and thereafter (after almost four years of proceedings) under the direction of the Trial Court vide an order, they produced their evidence---When the respondents/defendants did not file their written-statement, the Court did not pronounce judgment against them under O. VIII, R. 10 of the Civil Procedure Code, 1908, and put the appellants/plaintiffs to adduce their evidence and thereafter also directed the respondents to produce their evidence---In such scenario, the Trial Court was bound to look into the entire evidence of the case including that of respondents which omission had rendered the impugned judgment and decree as nullity---Further, Trial Court ordered to strike off the right of defense of the respondents and not their right to disprove the appellants' version which meant that they (respondents/defendants) were still at liberty to deny and rebut the appellant' affirmative evidence, which they did by adducing their evidence on which even no objection was raised by the appellants---Evidence adduced by the respondents, while disproving the appellants' case against them, was to be considered by the Trial Court---High Court set-aside impugned judgment and decree and remanded the matter for decision afresh by considering the evidence having been adduced by the defendants / respondents--- Appeal was disposed of accordingly.

Other judgments reported in 2024 YLR

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