Akhtar Munir vs Gul said Ss — 2025 YLR 1802 LAHORE-HIGH-COURT-LAHORE

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Akhtar Munir VS Gul said Ss.96 & 107---Suit for recovery of amount---Appreciation of ex-parte evidence, principles of---Trial Court cannot rely on fragments of evidence instead of totality of evidence---Powers of the Appellate Court explained---Remanding of the matter by Appellate Court---The appellant filed a suit for recovery in which the respondents failed to appear and they were proceeded against ex-parte---The Trial Court recorded the appellant's ex-parte evidence and partially decreed the suit awarding only Rs. 1,13,000/- as principal, while dismissing the rest of the claim for lack of sufficient proof---The approach of Trial Court decreeing the suit to a limited extent on the basis of appellant's unrebutted testimony while simultaneously discarding the remainder of the claim appeared to be based on assumptions and selective reliance on the evidence without adhering to settled principles of appreciation of ex-parte evidence---The inconsistency in accepting certain parts of the appellant's evidence while discarding the rest, without cogent reasoning, rendered the judgment confusing and legally unsustainable and such exercise of discretion in a piecemeal manner amounted to a flawed application of judicial mind, which was not warranted under the law---Impugned decree suffered from a fundamental infirmity, as it was passed without proper consideration of the entire evidence on record --- A partial decree, while permissible in certain circumstances, could not be sustained when it selectively relied on fragments of evidence while disregarding material facts and documents crucial to a just adjudication --- The failure to evaluate the totality of the evidence resulted in a manifestly erroneous decision, prejudicing the rights of parties --- Judicial propriety demanded that courts examine all relevant evidence in a holistic manner before arriving at a conclusive finding --- Since the decree in question was rendered without such due consideration, it amounted to a miscarriage of justice ---Trial Court committed a grave legal error by passing an ex-parte decree without properly considering the available evidence on record --- The impugned judgment was rendered summarily, without any judicial determination of the merits of the case, as the court failed to evaluate the pleadings, the plaintiff's recorded statement, or any other material evidence --- In view of powers conferred under S.107 of C.P.C., the High Court under its appellate jurisdiction was of the considered view that a remand of the case was necessary for the proper adjudication of the real subject matter in dispute ---Appeal was allowed and the matter was remanded to the Trial Court to frame proper issues on the subject and then decide the lis after recording of evidence---Case remanded.

Akhtar Munir vs Gul said Ss — 2025 YLR 1802 LAHORE-HIGH-COURT-LAHORE

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