1981 PLP 270 (CLC)
SULTAN AHMAD‑‑‑Appellant Versus MUHAMMAD ANWAR‑Respondent
| Citation | 1981 PLP 270 (CLC) |
| Forum / Court | Lahore |
| Bench Members | Muhammad Ilyas, J |
| Parties | SULTAN AHMAD‑‑‑Appellant Versus MUHAMMAD ANWAR‑Respondent |
Q1: What are the key laws and sections cited in 1981 PLP 270 (CLC)?
This judgment primarily cites: statutory provisions as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1981 PLP 270 (CLC)?
The case was heard and decided by the Lahore bench comprising: Muhammad Ilyas, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1981 PLP 270 (CLC) (SULTAN AHMAD‑‑‑Appellant Versus MUHAMMAD ANWAR‑Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Representation
- Raza Hussain Shamsi for Appellant.
- S. M. Zafar and Sh. Abdul Mannan for Respondent,
- Date of hearing : 16th February, 1980.
Headnotes / Summary
(a) Civil Procedure Code (V of 1908)‑ Ss. 96 & 100 and O. XLI, r. 2a‑Second appeal‑Additional evidence Appellant in first appeal, agreeing to production of additional evidence by respondent knowing full well that such evidence would be in respect of alleged commitment made by appellant that he would not pre‑empt sale in dispute‑Held, appellant cannot, in second appeal, contend that additional evidence could not be taken into consideration for deciding question of waiver.‑[Evidence]. Yusuf V. Hashimbhoy & Co. and others P L D 1966 Kar. 456 and Government of West Pakistan (now Punjab) through Collector, Bahwalpur v. Haji Muhammad P L D 1976 S C 469 distinguished. (b)Civil Procedure Code (V of 1908)‑ S. 100‑Second appeal‑Waiver‑Cogent and clear evidence required for making out a case of waiver‑‑Evidence, produced in case, oral and discrepant and standing rebutted by testimony of opposite‑party Finding of trial Court that respondent had failed to substantiate his plea of waiver upheld.‑[Waiver]. Kidar Nath and others v. Bagh Singh and others A I R 1937 Lah. 504 ref.
Judgment & Decree
Ss. 96 & 100 and O. XLI, r. 2a‑Second appeal‑Additional evidence Appellant in first appeal, agreeing to production of additional evidence by respondent knowing full well that such evidence would be in respect of alleged commitment made by appellant that he would not pre‑empt sale in dispute‑Held, appellant cannot, in second appeal, contend that additional evidence could not be taken into consideration for deciding question of waiver.‑[Evidence]. Yusuf V. Hashimbhoy & Co. and others P L D 1966 Kar. 456 and Government of West Pakistan (now Punjab) through Collector, Bahwalpur v. Haji Muhammad P L D 1976 S C 469 distinguished. (b)Civil Procedure Code (V of 1908)‑ S. 100‑Second appeal‑Waiver‑Cogent and clear evidence required for making out a case of waiver‑‑Evidence, produced in case, oral and discrepant and standing rebutted by testimony of opposite‑party Finding of trial Court that respondent had failed to substantiate his plea of waiver upheld.‑[Waiver]. Kidar Nath and others v. Bagh Singh and others A I R 1937 Lah. 504 ref. Raza Hussain Shamsi for Appellant. S. M. Zafar and Sh. Abdul Mannan for Respondent, Date of hearing : 16th February, 1980.