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Showing posts from December 16, 2024

Property seal on violation of stay order

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2024 C L C 1720 [Islamabad] Before Miangul Hassan Aurangzeb, J SURIYA ALTAF and another----Petitioners Versus MUHAMMAD WAZIR----Respondent Civil Revision No.148 of 2024, decided on 7th May, 2024. (a) Civil Procedure Code (V of 1908)--- ----O. XXXIX, R. 2(3) & S. 151---Specific Relief Act (I of 1877), Ss.42, 12 & 54---Suit for declaration, possession and permanent injunction---Injunction order, violation of---Sealing order passed on report of bailiff---Proceedings in application under O. XXXIX, R.2(3), C.P.C.---Powers of the Court---Scope---Plaintiff, while claiming to be the owner of suit-property pursuant to sale deed/mutation, alleged that the defendants had dispossessed him from the suit-property---Trial Court granted ad-interim injunction directing the defendants to maintain status quo; which injunctive order was later confirmed---Thereafter, the plaintiff filed an application under O.XXXIX, R. 2(3), C.P.C., alleging that in violation of the injunctive order, the defendants...

Additional evidenceAdditional evidence application application

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Additional evidence application  2024 C L C 1727 [Lahore] Before Shahid Bilal Hassan, J ABDUL MAJID through General Attorney----Appellant Versus ANJUM AKHTAR----Respondent R.F.A. No.8633 of 2020, decided on 25th March, 2024. (a) Civil Procedure Code (V of 1908)--- ----O.XLI, R. 27 & O.VII, R.14---Additional evidence at appellate stage, production of---Scope---Appellant/ plaintiff intended to produce additional evidence at appellate stage without proving that the same could not be produced due to some plausible reason and sufficient cause---Documents sought to be produced were not relied upon while presenting the plaint as per mandate of O.VII, R.14, C.P.C---Appellate court must be conscious while allowing a party to adduce additional evidence---Party which intends to bring additional evidence on record must convince the court with proof that such party could not lead the evidence at proper stage due to some plausible reasons and sufficient cause---Party, who had the opportunity...