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Initializing Secure Chambers
Your Digital Lawyer, Always on Duty
Initializing Secure Chambers
Petitioner: BAGH DIN VS Respondent: MUHAMMAD ASGHAR and others
Court Name: Lahore High Court Judge(s): Syed Asghar Haider Title: BAGH DIN vs MUHAMMAD ASGHAR and others Case No.: C.R, No, 1428 of 2005 Date of Judgment:2008-03-07 Reported As: 2009 YLR 111 Result: Order accordingly
Judgment ORDER 'SYED ASGHAR HAIDER, J.- The petitioners and respondent No,4 filed a suit for Declaration and Consequential Relief, during the proceedings before the Trial Court, the right of the petitioners to lead evidence, was struck off. Aggrieved thereof, they filed appeal, which also was dismissed. Hence the present petition. 2. The learned counsel for the petitioners contended that they be granted one opportunity to lead entire evidence subject to payment of reasonable costs. 3. The learned counsel for the respondent No,3 after initial reservation, agreed to the proposition, subject to the condition that the suit be expeditiously decided. 4. Therefore, with concurrence of the counsel for the parties, this petition is allowed, the judgments and decrees dated 6-11-2004 and 8-2-2005, passed by the learned Trial Court and the learned lower Appellate Court, respectively, are set aside, subject to payment of costs in the sum of Rs,4,000 to the respondent No,3 or his counsel. The petitioners are granted one opportunity to conclude entire evidence (in case of default, penal provisions be applied forthwith), the contesting respondent, thereafter shall conduct cross- examination of the petitioners witnesses and the suit shall be decided on merits in accordance with law expeditiously.
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