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Petitioner: MUHAMMAD YOUSUF And 12 Others VS Respondent: ABDUL KHALIQ And Other
Court Name: Supreme Court of Pakistan Judge(s): Ali Hussain Qazilbash, Abdul Qadeer Chaudhry, Shafi-ur-Rehman Title: MUHAMMAD YOUSUF And 12 Others vs ABDUL KHALIQ And Other Case No.: Civil Petition for Leave to Appeal No. 26-Q of 1990 Date of Judgment:1991-06-04 Reported As: 1991 SCMR 1981 Result: Case remanded
Judgment ORDER SHAFIUR RAHMAN, J.---The grievance of the petitioners in this case was that alongwith the appeal filed in the High Court, they had filed an application under section 107(2), C.P.C. And another application disclosing the particulars of the documents which they wanted to produce by way of additional evidence in support of ground (E) taken in appeal before the High Court. Notices on those applications for bringing on record the additional evidence had issued. At the hearing of the argument there was no opposition to the admission of these documents relating to the title of the petitioners in the property. Nevertheless, the High Court did not either take into consideration these documents, nor did it dispose of the applications, nor did it refer to those documents with a view to deal with their relevance and efficacy on the question before the High Court with regard to the title in the disputed property. 2. When the petition came up for hearing on an earlier date and this grievance was reiterated, we issued notice to the respondents "as to why this petition be not converted into appeal and case remanded to the High Court in view of non -consideration/non-disposal of the application for additional evidence", for disposing of the question of additional evidence and thereafter dealing with the appeal. In response to the notice, respondent No.1 has appeared in person and does not object to the suggested course being followed. 3. We find that the statements of facts made by the learned counsel for the petitioners find support from the record. In the circumstances, this petition is converted into appeal, accepted, the judgment of the High Court is set aside and the matter is remanded to the High Court for disposal afresh after dealing with the applications for additional evidence.