MUSHTAQ AHMAD vs SAIQA CH — 2025 PLD 704 LAHORE-HIGH-COURT-LAHORE

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MUSHTAQ AHMAD VS SAIQA CH. O. XLI, R. 27---appellate stage---application for additional evidence, filing of---Whether such application should be decided first through a separate order or conjointly with the main appeal?---Held: Under the law, particularly concerning application for additional evidence, there is no specific rule that mandates such an application must be decided prior to the final judgment in the main appeal through a separate order---appropriate course of action, whether to decide the application first or conjointly with the appeal, is entirely dependent on the specific facts and circumstances of each case and the court's assessment of what is necessary to achieve a just and holistic adjudication---Paramount consideration remains the ability of the court to pronounce a satisfactory and complete judgment, which may, in certain circumstances, be best achieved by integrating the consideration of additional evidence with the overall merits of the appeal---additionally, an important consideration in such matters is the content and potential impact of the intended additional evidence---If the appellate court determines that the evidence sought to be produced is of such a nature that its inclusion on the record could fundamentally alter the decision of the main case, then it might indeed be prudent to decide the application separately through a distinct order---This would allow for proper consideration of its admissibility and relevance before proceeding to the merits of the appeal---However, if the appellate court, after initial assessment, forms the view that the proposed evidence, even if admitted, would likely have no material impact on the outcome of the main case, then there is no compelling need to decide the application for additional evidence separately---In such a scenario, a conjoint decision of the application and the main appeal becomes a matter of judicial economy and efficiency---Such approach significantly contributes to the sound administration of justice by streamlining proceedings, preventing unnecessary delays, and ensuring the expeditious dispensation of justice.

MUSHTAQ AHMAD vs SAIQA CH — 2025 PLD 704 LAHORE-HIGH-COURT-LAHORE

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