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Muhammad Shahid Memon vs Jamaluddin (Deceased) S — 2024 YLR 2714 KARACHI-HIGH-COURT-SINDH

Case information

Citation
2024 YLR 2714 KARACHI-HIGH-COURT-SINDH
Court
Sindh High Court
Year
2024
Reporter
YLR
Parties
Muhammad Shahid Memon vs Jamaluddin (Deceased) S
Subject matter
Criminal
Provisions referred to
S. 12---C; S. 100; Civil Procedure Code (V of 1908)

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

Muhammad Shahid Memon VS Jamaluddin (Deceased) S.12---Civil Procedure Code (V of 1908), S.100 & O.XLI, R.27---Second appeal---Additional evidence---Principle---Filling a lacuna---Suit for specific performance of agreement to sell was filed by appellant/plaintiff and the same was dismissed concurrently by Trial Court and Lower Appellant Court---Plea raised by appellant/plaintiff was that Lower Appellant Court dismissed his application to adduce additional evidence---Validity---Each of the documents referred to in the application were available with appellant/plaintiff at the time of adducing evidence before Trial Court---Failure on the part of appellant/plaintiff to adduce evidence of attesting witnesses to Sale Agreement or Supplementary Agreement could only be attributed to appellant/plaintiff's own negligence---Evidence if adduced would be filling a lacuna in the evidence of appellant/plaintiff that he failed to adduce in evidence during trial---Lower Appellate Court correctly refused to adduce such evidence---There was no infirmity or illegality in either of the judgments passed by Trial Court as well as Lowe Appellate Court---Second Appeal was dismissed, in circumstances.

Other judgments reported in 2024 YLR

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