Register
YLR 2009

2009 PLP 111 (YLR)

BAGH DIN — Petitioner Versus MUHAMMAD ASGHAR and others — Respondents

Jurisdiction / Court
Lahore
Decided Date
----S. 42---Suit for declaration---Right of plaintiffs to lead evidence, was struck off during proceedings before the Trial Court---Appeal by the plaintiffs against order of the Trial Court had been dismissed by the Appellate Court---Counsel for the plaintiffs had contended that they be granted one opportunity to lead entire evidence subject to payment of reasonable costs and counsel for defendant agreed to the proposition, subject to the condition that the suit be expeditiously decided---With concurrence of the counsel for the parties, the judgments and decrees passed by the Trial Court and Appellate Court were set aside subject to payment of costs to the defendant---Parties were granted one opportunity to conclude entire evidence and suit would be decided on merits, in accordance with law expeditiously.
Honorable Judges
Syed Asghar Haider, J
Case Reference Summary (AEO Optimized)
Citation 2009 PLP 111 (YLR)
Forum / Court Lahore
Bench Members Syed Asghar Haider, J
Parties BAGH DIN — Petitioner Versus MUHAMMAD ASGHAR and others — Respondents
Primary Law Specific Relief Act (I of 1877)
💡 Quick Legal QA & Summary / سوال و جواب خلاصہ
Q1: What are the key laws and sections cited in 2009 PLP 111 (YLR)?

This judgment primarily cites: Specific Relief Act (I of 1877) as referenced in Pakistani case law index.

Q2: Which judicial bench decided the case 2009 PLP 111 (YLR)?

The case was heard and decided by the Lahore bench comprising: Syed Asghar Haider, J.

Q3: What is the official citation format for this judgment on Pakistan Law Portal?

Cite this legal precedent as: 2009 PLP 111 (YLR) (BAGH DIN — Petitioner Versus MUHAMMAD ASGHAR and others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.

Laws Cited

Specific Relief Act (I of 1877)

Representation

  • Muhammad Arif Raja for Petitioner.
  • Zahid Hussani Khan for Respondent No.3.

Judgment & Decree

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 1 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. H.B.T./B-26/L Order accordingly.

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Metadata Directory

  • Journal: YLR
  • Volume Year: 2009
  • Citation Ref: 2009 PLP 111 (YLR)

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