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Showing posts from December 22, 2024

Right close to present documentary evidence

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Right close to present documentary evidence  2024 C L C 1486 [Lahore (Rawalpindi Bench)] Before Jawad Hassan, J Messrs AG SIGNS (PVT.) LTD.----Petitioner Versus GASHOO ADVERTISER----Respondent Civil Revision No.449-D of 2017, heard on 8th May, 2024. Civil Procedure Code (V of 1908)--- ----O. XVII, Rr. 1 & 3---Suit for recovery of money---Striking of defence---Failure to produce complete evidence despite grant of several adjournments---Petitioner / defendant company was aggrieved of judgment and decree passed by Trial Court in favour of respondent / plaintiff after closing its right to produce evidence---Validity---Trial Court used discretion in favour of petitioner / defendant many a time by granting it adjournments for production of complete evidence but it failed to catch up with the leniency shown by Trial Court---Even authorized representative of petitioner / defendant did not enter into witness box so as to record his statement---Pursuing of the case in such manner showed ...

Documents exhibit under the statement of lawyer is illegal

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Documents exhibit under the statement of lawyer is illegal   2024 C L C 1503 [Lahore (Rawalpindi Bench)] Before Mirza Viqas Rauf, J Khawaja JAVED MEHMOOD----Petitioner Versus PUNJAB SMALL INDUSTRIES CORPORATION through Regional Director Rawalpindi and 2 others----Respondents Civil Revision No.233-D of 2022, heard on 21st March, 2024. Qanun-e-Shahadat (10 of 1984)--- ----Arts. 72 & 78---Civil Procedure Code (V of 1908), S. 115---Specific Relief Act (I of 1877), Ss. 42 & 54---Suit for declaration and injunction---Documentary evidence---Document tendered in evidence through statement of counsel---Legality--- Misreading and non-reading of evidence---Effect---Suit filed by petitioner / plaintiff was dismissed by Trial Court on the basis of two documents produced by respondent / defendant which documents were never confronted to petitioner / plaintiff and the same were made part of record through statement of counsel---Validity---Disputed documents cannot be tendered in evid...