Al Wakeelo
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Initializing Secure Chambers
Your Digital Lawyer, Always on Duty
Initializing Secure Chambers
Petitioner: JEHANGIR VS Respondent: REHMAT ALI
Court Name: Lahore High Court Judge(s): Ghazanfar Ali Gondal Title: JEHANGIR vs REHMAT ALI Case No.: First Appeal from Order No, 140 of 1981 Date of Judgment:1983-01-08 Reported As: 1983 CLC 2483 Result: Appeal dismissed
Judgment ORDER have seen the record of the case. The evidence recorded in this Vase was virtually copied from another suit between the parties. The said evidence was, however, not signed by the learned Civil Judge. There is nothing on the record to show that there was consent between the parties A that the evidence recorded in the other case i. e. Civil Suit No, 99/1 of 1974, should be brought on the record of this suit (Suit No, 153/1 of 1974). Muhammad Shafi v. Ghulam Muhammad does not therefore stand attracted to this case. The learned Civil Judge should have, therefore, recorded evidence afresh in this case irrespective of the evidence recorded in the connected case. His reliance on the said evidence was not a mere irregularity but a major defect of jurisdictional nature. In this view of the matter, the order of the learned Additional District Judge remanding the case to the Civil Judge for recording fresh evidence and for fresh decision in the case is unexceptionable. The F. A. 0. Is therefore, dismissed in limine. The record received should be sent back immediately to the trial Court.
PLD 1969 Kar. 310
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