07/11/2025
Civil
Additional Evidence, O.41, R.27
PLD 2011 SC 151
Additional evidence can only be allowed when it is in consonance with and within scope of pleadings and not otherwise.
Agreement to Sell
2003 SCMR 848,
PLD 2006 Lah 1518,
S. 12---Agreement to sell would not confer any right of ownership on any person.
Appellate Judgment
2006 CLJ 222,
S.115, Appellate judgment not sustainable when view point of appellate court on many disputed questions is not available.
Approbate and Reprobate
2006 CLC 1534,
No one can be allowed to reprobate that which he has himself approbated.
Attesting Witness
PLJ 2010 Lah 411,
Two attesting witnesses
Bank
2006 MLD 1502, 946, Where bank is party in declaratory suit, suit should have been filed in Banking Court.
Chronic Defaulters
NLR 1989 Rev 66,
NLR 1982 Rev 202
Chronic and habitual defaulters not entitled of concession.
-------------
Defaulters cannot be ejected:
1988 CLC 81,
1986 CLC 2347
Condonation of delay
PLJ 2010 Quetta, Each and every day has to be explained.
Contract
2009 SCMR 276,
Breach of Contract, Sole statement of plaintiff not enough.
Co-Sharer
1989 SCMR 130,
1999 CLC 598,
Joint property,
1998 CLC 857,
Be restrained from cutting trees.
2004 SCMR 1581, Specific possession.
NLR 2005 Civil 489,
Co- sharer, neither estopped from claiming his share nor his right can be extinguished by lapse of time.
1989 SCMR 130,
1999 CLC 598
Co-sharer, joint property. (Stay)
Consolidation of suits
1993 CLC 723
Not allowed.
Conversion of Revision into Second Appeal.
PLD 1993 Lah 7, Conversion of revision into second appeal --- Jurisdiction-- Technicalities should not stand in the way of disposal of cases --- High court has jurisdiction to allow conversion of revision into a regular second appeal Revision riled by plaintiffs was allowed to be converted into second appeal and they were directed to make up deficiency in court -fee .
Court Fee
PLD 1976 Kar 295,
Court fee not paid in appeal.
PLD 1966 Lah1,
Ad valorem court fee.
1974 SCMR 364,
Court fee not paid despite three opportunities, no further opportunity be given.
PLD 1966 Pesh.,
PLD 1966 Pesh 142
Deficiency be made up where mistake bonafide by counsel.
AIR 1924 Lah 401
No appeal legally presented if not properly stamped.
AIR 1928 Bombay 343,
Where insufficient stamped document has been recorded by court, court can give opportunity to pay proper court fee, second party cannot oppose that document be struck off from file.
PLD 1965 Lah 676
Court fee not to arm litigant with weapon of technicality.
1995 CLC 1850,
1990 CLC 1154,
Sec. 115, Court fee in Revision in High Court.
Cross Examination
PLJ 2010 Lah 245,
2006 CLC 1240, No cross-examination means statement to that extent stands admitted.
2006 CLJ 263,
Admission, Material piece of evidence not crossed stands admitted.
2002 YLR 2362,
No cross-examination means statement to that extent stands admitted.
1991 SCMR 2300,
Omission to cross-examine-- However was rebutted by making suggestions and denying the same in evidence.
Document
2010 SCMR 5,
2007 SCMR 497,
2005 CLC 658, Presumption of truth is attached to 30 years old document.
2007 SCMR 236, Document to be read as a whole.
2007 SCMR 687,
Registered document, Registered document had sanctity attached to it and stronger evidence was required to cast aspersion on its genuineness
PLD 2007 Lah 83, Documents are admitted, their contents are not necessary to be proved.
2005 CLC 727,
No one can be forced to reveal from where they managed the document.
2005 CLC 1602,
Document having dual explanations.
2006 YLR 349,
Nikah nama being public document can be produced in evidence.
Documentary Evidence
NLR 2005 Civil 120, Documentary evidence cannot be contradicted by oral evidence.
NLR 2005 Civil Pesh 367, 381,
Document exhibited without objection. No objection can be raised in appeal or writ.
Document, Ex*****on of
PLJ 2010 Lah 411,
Denied signatures, not confronted with contents of document, fatal for petitioner.
Document. Attesting Witness.
PLJ 2010 Lah 411,
Two attesting witnesses
Document, Exhibited
2008 CLC 1282 Document exhibited without objection should also be proved.
Doubtful Case
1996 CLC 202(b)
Maxim, Where case was doubtful, decision should be given for defendant.
Evidence/Pleadings
PLJ 2010 AJ&K 54,
Art.164--Video Film, Video film also comes within ambit of ‘document’.
2006 YLR 349,
Nikah nama being public document can be produced in evidence.
2011 CLC 241, 304,
Party cannot lead evidence beyond scope of pleadings.
2011 CLC 205,
Evidence recorded in one case reproduced in other case. Such procedure is alien to procedure of CPC.
PLD 2011 SC 151,
Pleadings, New plea, In absence of any fact no plea can be allowed to be raised, set forth at later stage. Raising of such plea is impermissible.
NLR 2005 Civil 362, Courts to ignore evidence when in conflict with pleadings.
NLR 2005 Civil Pesh 381, Plea not taken in pleadings. Statement to be ignored.
NLR 2005 Civil Lah 403, Better statement on form of replication shall be considered as part of pleadings.
1994 MLD 1747(b),
1996 CLC 202,
Plaintiff to prove his case on force of his own evidence, not to take advantage of shortcomings of defendant’s evidence.
2001 SCMR 1651, Important fact to be mentioned in pleadings.
Finger Print
PLJ 2010 SC 575
Non appearance of finger print expert in support is Of no help.
Forged Document
1988 CLC 578(m),
Forged document, Burden of proof lies on person objecting thereto.
Fraud, 12(2)
2011 CLC 355.
12(2) Accepted ex parte not sustainable. Pleadings are not gospel truth, must be proved through impeachable evidence.
2008 SCMR 1095, Particulars of fraud to be described in plaint.
1999 YLR 934,
Fraud not only to be alleged but also to be proved.
2006 CLJ 78,
12(2) filed after delay, liable to be dismissed.
2006 CLJ 264, Compromise deed by acting through bullet speed against defendant who was parda nashin . 12(2) accepted.
2006 CLJ 293,
Decree in favour of brother against sister liable to be dismissed.
2006 CLJ 293,
Limitation starts from time of knowledge.
2006 CLJ 293.
Wrong/incorrect assertion in pleadings either through ignorance, inadvertence or otherwise would not attract exercise of 12(2).
2006 CLJ 373.
Discovery of new and important matter or evidence may provide ground for revision under R. 1(c) of Order XLVII but cannot be challenged under 12(2).
2010 YLR 2178, Application u/s 12(2) dismissed without recording of evidence. Question of fact could not be decided by court without recording evidence.
2007 SCMR 569,
NLR 2006 Civil 105,
Sec. 12(2) and its written statement is also pleadings.
2006 CLC 286,
No court -fee is payable on the order passed on the application under S.12(2), C.P.C. and challenged before the High court by way of revision---Principles.
Gift
NLR 2005 Pesh 75,
Gift deed has no evidentiary value when factum of delivery of possession is not proved.
2010 CLC 1861,
Gift through registered deed-- Ex*****on and registration not denied, such admission would be sufficient proof.
2010 CLC 1895,
TPA, Gift, Unequivocal intention of donor must be demonstrated by his entire relinquishment.
Grow More Food Scheme,
2005 CLC 83,
Continuous possession is necessary.
Hissa Batai
PLJ 2010 Lah 301
Writ Allowed.
I.C.A
NLR 2005 Civil, BWP 151, ICA can be filed when judgment of Single Judge is shown to be against law, based on non reading or misreading or is the consequence of miscarriage of justice.
Inheritance.
2005 CLC 817,
When a man changes his religion, his inheritance is to be divided according to his new religion.
Ignorance of Law is no Excuse,
2005 YLR 221,
PLD 2001 SC 228,
PLD 1994 Lah 360,
1994 CLC 1163,
1987 MLD 2867,
1989 PCL 552 ,
1986 PCL 862
Issue Wise Finding,
PLJ 2010 Lah 269,
Appellate Court did not give issue wise findings. Revision Allowed
ISSUES, Non framing of!
PLJ 2010 SC 530,
O.14 R.1 Non-framing of issues, parties could not adduce evidence. Case remanded to trial court.
Judicial Mind
NLR 2005 Civil 297, 450, Judgment passed without using judicial mind.
PLD 2018 SC 28,
2009 CLD (Lah) 960(b),
Judge is supposed to know the law. Court cannot say that counsel has not advised the court properly.
1980 CLC 2056,
2004 MLD 1647,
2007 YLR 2311,
Court cannot grant relief, which is not prayed for in the pleadings.
Judicial Notice
NLR 2005 SC 570,
No judicial notice can be taken of a fact not proved on record through evidence.
Khasra Girdawri
2007 MLD 331,
Buyer failed to produce Kahsra Girdawri to establish his possession.
Legal Heirs
PLJ 2007 SC 849, Defendant is bound to file list of his legal heirs.
Limitation/Mutation
NLR 1985 Rev. 133, Limitation to challenge mutation, six years starts from day mutation was sanctioned.
Malicious Prosecution
PLD 1994 SC 476
PLD 1970 Kar 344
2003 MLD 1485
1993 CLC 1669
1995 CLC 735, 1134,
NLR 2005 Civil-Pesh 533,
Suit decreed. Ingredients mentioned.
Marginal Witness
2007 SCJ 848,
2006 YLR 1620,
Writer of contract as marginal witness. Suit to be dismissed where only one marginal witness examined.
Minor-Guardian
2003 CLC 1792,
If minor has not reported his majority, guardian’s act on his behalf is legal.
Minor Contradictions
2006 SCMR 1761(c), 2008 MLD 557,
Minor contradictions to be ignored.
Minor’s Custody
KLR 2006 SC 222
Natural Justice
PLD 2011 Pesh 47,
Natural Justice, Order passed by authority against interest of person without hearing him would be illegal.
S.114
Review,
2011 CLC 381,
Limited view, Grounds not taken at earlier stage.
Oath
2010 SCMR 810, Statement of a witness on Oath would be binding upon a party, who produced him as witness.
NLR 2005 Civil (Pesh) 14, Proceedings on oath would be illegal when not conducted in the prescribed manner.
O.3, R.1,2
Appearance, Agent/Pleader
PLJ 2010 Kar 143,
If plaint/POA was not competently filed along with plaint, but subsequently filed, such anomaly could be rectified.
O.6, R. 17 CPC.
Amendment
PLD 1984 SC (AJK) 1151,
Wrong description of property in plaint can be corrected.
2009 YLR 483, Amendment can be allowed at any stage.
O.7, R.11 CPC.
Rejection of Suit/Plaint.
PLD 2011 AJK 1
2011 CLC 250,
Object of 7/11 was to bring an end to incompetent suit to the earliest.
PLD 2010 Lah 487,
Every averment made in plaint has to be accepted as correct.
PLD 2010 Q 65,
O. 7, R.11, O.39, R.1,2, Trial court rejected plaint while deciding stay application--Validity—Rejection of plaint on having fixed for decision on application under ).39, R.1,2 was illegal.
2010 CLC 1879,
Court could reject plaint when allegations made therein, if assumed as proved to be correct, would not entitle plaintiff to get relief.
1994 SCMR 826,
The rejection of plaint under Order VII, Rule 11, C.P.C. is contemplated at a stage when the Court has not recorded any evidence in the suit. It is for this reason precisely, that the law permits consideration of only averments made in the plaint for the purpose of deciding whether the plaint should be rejected or not for failure to disclose cause of action or the suit being barred under some provision of law.
O.8, CPC.
Written Statement
2003 SCMR 1528, 171. Time given for filing written statement but defendant failed, court can decree the suit.
2008 CLC 580,
O.8, R.1, 10 CPC.
Conduct of defendant showed that he was reluctant to file written statement and had disobeyed various orders of Trial Court---Trial Court had proceeded in right direction in passing impugned order---High Court dismissed constitutional petition in circumstances.
NLR 2006 SCJ 978,
Court cannot give more than 30 day’s time.
2003 CLC 1016,
Court can give order for filing written statement.
2007 CLC 288,
Failure to file written statement by defendant---Effect---Even if defendant had not filed written statement and had not cross-examined the witnesses produced by the plaintiff and had not produced any defence witnesses and suit proceeded ex parte; he had the right to contest the suit; and take plea that on basis of evidence produced by the plaintiff himself, the suit was liable to be dismissed--
O.9, R.8 CPC.
2010 YLR 2053, Dismissal for non-appearance of plaintiff. On the date fixed, plaintiff was not required to fulfill any obligation on his part. Suit restored to its original stage.
2010 YLR 2196,
Sufficient cause, Counsel of plaintiff suffering from ailment and later succumbed to ailment. Case restored to original position.
O.9, R.9 CPC.
2011 MLD 266
Dismissal in default, technicalities should be avoided.
O.9, R.13 CPC.
AIR 32/33? Mad 713 Application by person not part in original suit, not valid.
2010 CLC 1776,
Application filed beyond prescribed period of limitation. No illegality was committed by two courts below while dismissing application for setting aside ex parte. Such aspect of case did not require and indulgence of High Court within purview of S.115 CPC.
PLJ 2010 Pesh 1,
Ex parte, Defendant cannot be excluded from proceedings.
PLJ 2010 SC 891,
Remarks on Registered AD with regard to refusal of the appellant clearly showed that appellant was not misled in view of address mentioned in the plaint.
O.16, R.1 CPC.
List of witnesses,
1990 CLC 1877,
1994 CLC 1920,
2001 MLD 1521
1999 SCMR 799,
Does not fall in the ambit of technicalities, illiterate no ground.
2003 MLD 1621,1332, 2004 SCMR 1367,
2005 MLD 1713,
2006 MLD 1532,
1999 SCMR 799.
O.17, R.3 CPC.
Closure of evidence
PLJ 2010 Lah 432,
REF 2008 SCMR 322,
Opportunity given, Revision Dismissed.
PLJ 2010 Lah 687.
Right closed, no ground for interference was made out.
2006 CLJ 633,
Dismissal under O.17, R.3 CPC against some plaintiffs would not be made basis of res-judicata for other plaintiffs.
2010 YLR 1957,
Penal order did not remain in field, Subsequent adjournments could not be termed as adjournments given on the request of the plaintiff---Where the case was not adjourned on the request of a party, such party could not be subjected with penal consequence on the subsequent date
O.20, R.5 CPC
Issue wise finding
2000 SCMR 1647,
Issue wise finding not necessary when issues are interlinked.
O.23, R.1 CPC
PLD 1984 Lah 230,
PLD 1957 Lah 648,
PLD 1965 SC 634,
PLJ 1985 Lah 405
2003 CLR 1541,
Suit to be decided on merit, not to fail.
O.37 CPC
PLD 2010 Lah 487, Summary procedure-- Once leave to appear and defend the suit has been granted, same is converted into regular civil suit and to be tried accordingly.
PLD 2011 Lah 149, insufficient stamps, deficiency can be made up in appeal.
PLJ 2010 Lah 488,
Delay in furnishing security, condoned.
O.39, R.1,2
Interim Injunction
PLJ 2008 Pesh 73, 1996MLD 1937, 2001MLD 92,
Stay cannot be granted even to the extent of further alienation.
1999 CLC 598,
Nature of property to be maintained.
PLD 1988 Kar 433, Permanent Injunction not maintainable where title is absent.
1989 SCMR 130,
1999 CLC 598
Co-sharer, joint property.
1998 CLC 857,
Be restrained from cutting trees.
1990 CLC 1299,
1982 CLC 1647,
Grant of Stay is a rule, refusal is an exception.
NLR 1985 Rev. 133, Limitation to challenge mutation, 6 years starts from the day mutation was attested.
2006 CLJ 63,
S.115, High Court has no jurisdiction under S.115 to interfere where temporary injunction was refused by courts below.
2010 CLC 1843,
Injunction could not be granted to prevent Breach of Contract.
2010 CLC 1879,
Court while granting injunction should or ought to be of the view that plaintiff applying for injunction was in all probability likely to succeed in the suit by having a decision in his favour.
2001 MLD 92,
Injunction against construction, demolishing the property cannot be granted.
PLD 1968 Lah 315,
Stay can be granted about prerogative of managing mosque matters.
O.39,R.4 CPC.
1990 CLC 1127
Parda Nasheen
PLJ 2010 SC 530
Heavy burden of proof lies on donee.
2006 CLJ 264, Compromise deed by acting through bullet speed against defendant who was parda nashin . 12(2) accepted.
2007 SCMR 838,
2005 CLC 1839,
PLD 2009 Lah 41,
Suit dismissed.
Pari Delicto
1989 CLC 1789
1985 CLC 1881
Where each party is equally in fault, the law favours him who is actually in possession.
Pending Litigation,
1976 SCMR 239, 385
Pending a litigation nothing new should be introduced.
Plaint/Evidence
PLD 1984 SC (AJK) 1151, Wrong description of property in plaint can be corrected.
PLJ 2010 Lah 262,
REF. 1996 SCMR 336
If ingredients necessary to be mentioned in plaint were not mentioned, no evidence can be led on this point.
2007 CLC 259,
PLJ 2006 SC 159,
2007 CLC 257,
2001 CLC 1100,
No evidence beyond pleadings.
2009 CLD (SC) 802,
Any objection not raised before trial court cannot be raised before Appellate Court or Court of Revision.
NLR 2007 (AC) 280,
Written statement is not evidence.
1980 CLC 2056,
2004 MLD 1647,
2007 YLR 2311,
Court cannot grant relief which is not prayed for in the pleadings.
2007 CLC 257,462,
1984 CLC 3172,
No evidence on an objection -- Not proved.
NLR 2008 SCJ 38,
2008 SCMR 238, Pleadings is not evidence.
NLR 2008 SCJ 38, Content of pleadings not put in evidence, stands unproved.
2007 SCMR 569,
NLR 2006 Civil 105,
Application u/s 12(2) and its written statement is also pleadings.
Pre-Emption
PLJ 2010 Lah 273 Written statement mentioned it was exchange. To prove distinction between device and disguise evidence has to be looked into. Case Remanded.
PLD 2010 SC 1048,
Pre-emption is not inheritable right.
2007 CLC 489,
Pre-emption decreed, Defendant’s plea that he purchased land for construction of mosque, no strong evidence produced.
2008 SCMR 1056,
-Ss. 15 & 21---Qanun-e-Shahadat (10 of 1984), Art.133---Pre-emption suit---Superior right of pre-emption---Vendee claimed to be owner in the Estate on basis of gift deed executed in his favour before alleged sale--Proof---Gift deed was produced in evidence through donor---No question in respect of validity or otherwise of gift was put to donor during cross-examination---Held, gift was properly executed between vendee and donor---Pre-emptor had no preferential right qua vendee---Suit was dismissed in circumstances.
Informer, Pre-emption
2011 CLC 244
Informer’s name not mentioned not entitled to grant of decree.
Mutation
PLD 2011 SC 151,
Non attestation of mutation, not fatal.
Slip of Tongue
PLJ 2010 Pesh 24,
S.13 Slip of tongue or clerical mistake, plaintiff has proved Talab.
2004SCMR 1580
Non service not fatal, minor discrepancy of time would not come in way of pre-emptor.
2007 CLC 277,
Witness unable to tell what is written in notice Talb-e-Ishhad.
2011 MLD 255,
2007 CLC 819,
Talab not proved, suit dismissed.
Zar Soim,
1995 CLC 487,
Rival pre‑emptors withdrawing pre‑emption money after passing of judgment in their favour‑‑Suits of rival pre‑emptors were not liable to be dismissed on such account‑‑Suit having once been decreed in rival pre‑emptors' favour and matter being under appeal merely because 1/5th money was withdrawn by them, would not be a valid ground for holding that decree in their favour had become ineffective or their suit had become liable to be dismissed.
PLJ 2010 Lah 484,
No court can extend time as prescribed in sec 24(2) of pre-emption act, suit was barred by limitation.
Pronote,
O.37, R.1,2 CPC
PLD 2011 Lah 149, insufficient stamps, deficiency can be made up in appeal.
PLD 2010 Lah 487,
Summary procedure-- Once leave to appear and defend the suit has been granted, same is converted into regular civil suit and to be tried accordingly.
PLJ 2001 Pesh 18,
Writer of pronote produced in evidence, marginal witnesses accepted him.
Public Nuisance
2011 CLC 250, Permission of A.G is mandatory.
Review
2010 YLR 1957,
S.114, Patent illegality and error was apparent- review application competent.
Referee,
Appointment of
KLR 2000 CC 387
Art.33 QSO. Appointment of referee, decision final.
Res Judicata
2009 CLD Lah 401(e), Res judicata.
2006 CLJ 633,
Dismissal under O.17, R.3 against some plaintiffs would not be made basis of res judicata for other plaintiffs.
PLJ 2010 Lah 91, Inheritance not hit by law of res judicata.
Rent
20110 CLC 1839,
Punjab Rented Premises Act, Ejectment of tenant, Setting aside ex parte eviction order without restoration of possession would have been meaningless as the same would have resulted in irreparable loss and multiplicity of proceedings.
PLJ 2010 SC 910,
S.13, Ejectment petition, If tenant fails to produce his title over the premises in dispute, the Rent Controller can determine the relationship of landlord and tenant between the parties.
PLJ 2010 Lah 493, Default in payment of rent due.
Rent, 12(2)
2005 CLC 1042,
2004 MLD 227
Service
PLD 1991 SC 660(b), 2006 SCMR 4
Document sent by registered post gives rise to presumption of due service.
Secondary Evidence
NLR 2005 Civil 120, Secondary evidence without obtaining permission is of no value.
Signatures
1997 SCMR 976,
PLJ 2010 Lah 32,
Court has ample power to distinguish between signatures under Art. 84 QSO.
Specific Relief Act
STAY,
PLD 1990 Lah 82,
If the petitioner is ready to pay full/partial amount, it will be invested in a saving scheme as security till decision of the suit for specific performance and STAY will be granted till disposal of the case.
NLR 1986 CLJ 346
2010 CLC 1872,
Ss. 42 & 54---Suit for declaration and permanent injunction—Suit dismissed. Possession of defendant was admitted, plaintiff could not prove that sale deed was attested fraudently.
Special Costs
NLR 2006 CLJ 1014,
Sec. 35A, Imposition of special cost which is against spirit of law would be erroneous.
Subsequent Suit
PLD 1983 SC 344
(Fresh suit already instituted and pending at time of withdrawal of earlier suit, HELD not barred) *Mere withdrawal does not operate as Res judicata.
Technicalities
2011 MLD 266
Dismissal in default, technicalities should be avoided.
2005 CLC 285,123,1602, 457,603,
Law is to be defined according to law and technicalities are to be avoided.
2001 YLR 2512,
Lis should not be knocked out on technical grounds but endeavours of the Courts should be to decide the matters, involving valuable rights of the parties, on merits and party to the litigation should not be non-suited on mere technical grounds.
2002 CLD 345,
Parties should not be non-suited on mere Technicalities and the lis, so far as possible, has to be decided on merits.
PLD 1960 SC 382? Justice Kaikaus.
Vigilant/Indolent
Law helps vigilant and not indolent
2000 PCL 134,
1999 SCMR 1326,
NLR 2005 Civil 109, Discretion, Courts do not use discretion in favour of indolent and slothful litigant.
Withholding Evidence
2006 CLC 578,
Art. 129(g)---Adverse inference---Where a party withholds evidence of vital importance, such an act is fatal to his case---Court always draws an adverse inference against a person where he, in a given situation, is bound to react in a particular manner but fails to do so.
Witness
2007 CLC 277,
Witness unable to tell what is written in notice Talb-e-Ishhad.
Writ Competent
1972 SCMR 395,
1980 SCMR 84,
1981 SCMR 758
Where finding is not supported by evidence on record the same can be disturbed in writ petition.
2005 CLC 192, 54,
Writ competent where lower court has no properly appreciated evidence.Civil
Additional Evidence, O.41, R.27
PLD 2011 SC 151
Additional evidence can only be allowed when it is in consonance with and within scope of pleadings and not otherwise.
Agreement to Sell
2003 SCMR 848,
PLD 2006 Lah 1518,
S. 12---Agreement to sell would not confer any right of ownership on any person.
Appellate Judgment
2006 CLJ 222,
S.115, Appellate judgment not sustainable when view point of appellate court on many disputed questions is not available.
Approbate and Reprobate
2006 CLC 1534,
No one can be allowed to reprobate that which he has himself approbated.
Attesting Witness
PLJ 2010 Lah 411,
Two attesting witnesses
Bank
2006 MLD 1502, 946, Where bank is party in declaratory suit, suit should have been filed in Banking Court.
Chronic Defaulters
NLR 1989 Rev 66,
NLR 1982 Rev 202
Chronic and habitual defaulters not entitled of concession.
-------------
Defaulters cannot be ejected:
1988 CLC 81,
1986 CLC 2347
Condonation of delay
PLJ 2010 Quetta, Each and every day has to be explained.
Contract
2009 SCMR 276,
Breach of Contract, Sole statement of plaintiff not enough.
Co-Sharer
1989 SCMR 130,
1999 CLC 598,
Joint property,
1998 CLC 857,
Be restrained from cutting trees.
2004 SCMR 1581, Specific possession.
NLR 2005 Civil 489,
Co- sharer, neither estopped from claiming his share nor his right can be extinguished by lapse of time.
1989 SCMR 130,
1999 CLC 598
Co-sharer, joint property. (Stay)
Consolidation of suits
1993 CLC 723
Not allowed.
Conversion of Revision into Second Appeal.
PLD 1993 Lah 7, Conversion of revision into second appeal --- Jurisdiction-- Technicalities should not stand in the way of disposal of cases --- High court has jurisdiction to allow conversion of revision into a regular second appeal Revision riled by plaintiffs was allowed to be converted into second appeal and they were directed to make up deficiency in court -fee .
Court Fee
PLD 1976 Kar 295,
Court fee not paid in appeal.
PLD 1966 Lah1,
Ad valorem court fee.
1974 SCMR 364,
Court fee not paid despite three opportunities, no further opportunity be given.
PLD 1966 Pesh.,
PLD 1966 Pesh 142
Deficiency be made up where mistake bonafide by counsel.
AIR 1924 Lah 401
No appeal legally presented if not properly stamped.
AIR 1928 Bombay 343,
Where insufficient stamped document has been recorded by court, court can give opportunity to pay proper court fee, second party cannot oppose that document be struck off from file.
PLD 1965 Lah 676
Court fee not to arm litigant with weapon of technicality.
1995 CLC 1850,
1990 CLC 1154,
Sec. 115, Court fee in Revision in High Court.
Cross Examination
PLJ 2010 Lah 245,
2006 CLC 1240, No cross-examination means statement to that extent stands admitted.
2006 CLJ 263,
Admission, Material piece of evidence not crossed stands admitted.
2002 YLR 2362,
No cross-examination means statement to that extent stands admitted.
1991 SCMR 2300,
Omission to cross-examine-- However was rebutted by making suggestions and denying the same in evidence.
Document
2010 SCMR 5,
2007 SCMR 497,
2005 CLC 658, Presumption of truth is attached to 30 years old document.
2007 SCMR 236, Document to be read as a whole.
2007 SCMR 687,
Registered document, Registered document had sanctity attached to it and stronger evidence was required to cast aspersion on its genuineness
PLD 2007 Lah 83, Documents are admitted, their contents are not necessary to be proved.
2005 CLC 727,
No one can be forced to reveal from where they managed the document.
2005 CLC 1602,
Document having dual explanations.
2006 YLR 349,
Nikah nama being public document can be produced in evidence.
Documentary Evidence
NLR 2005 Civil 120, Documentary evidence cannot be contradicted by oral evidence.
NLR 2005 Civil Pesh 367, 381,
Document exhibited without objection. No objection can be raised in appeal or writ.
Document, Ex*****on of
PLJ 2010 Lah 411,
Denied signatures, not confronted with contents of document, fatal for petitioner.
Document. Attesting Witness.
PLJ 2010 Lah 411,
Two attesting witnesses
Document, Exhibited
2008 CLC 1282 Document exhibited without objection should also be proved.
Doubtful Case
1996 CLC 202(b)
Maxim, Where case was doubtful, decision should be given for defendant.
Evidence/Pleadings
PLJ 2010 AJ&K 54,
Art.164--Video Film, Video film also comes within ambit of ‘document’.
2006 YLR 349,
Nikah nama being public document can be produced in evidence.
2011 CLC 241, 304,
Party cannot lead evidence beyond scope of pleadings.
2011 CLC 205,
Evidence recorded in one case reproduced in other case. Such procedure is alien to procedure of CPC.
PLD 2011 SC 151,
Pleadings, New plea, In absence of any fact no plea can be allowed to be raised, set forth at later stage. Raising of such plea is impermissible.
NLR 2005 Civil 362, Courts to ignore evidence when in conflict with pleadings.
NLR 2005 Civil Pesh 381, Plea not taken in pleadings. Statement to be ignored.
NLR 2005 Civil Lah 403, Better statement on form of replication shall be considered as part of pleadings.
1994 MLD 1747(b),
1996 CLC 202,
Plaintiff to prove his case on force of his own evidence, not to take advantage of shortcomings of defendant’s evidence.
2001 SCMR 1651, Important fact to be mentioned in pleadings.
Finger Print
PLJ 2010 SC 575
Non appearance of finger print expert in support is Of no help.
Forged Document
1988 CLC 578(m),
Forged document, Burden of proof lies on person objecting thereto.
Fraud, 12(2)
2011 CLC 355.
12(2) Accepted ex parte not sustainable. Pleadings are not gospel truth, must be proved through impeachable evidence.
2008 SCMR 1095, Particulars of fraud to be described in plaint.
1999 YLR 934,
Fraud not only to be alleged but also to be proved.
2006 CLJ 78,
12(2) filed after delay, liable to be dismissed.
2006 CLJ 264, Compromise deed by acting through bullet speed against defendant who was parda nashin . 12(2) accepted.
2006 CLJ 293,
Decree in favour of brother against sister liable to be dismissed.
2006 CLJ 293,
Limitation starts from time of knowledge.
2006 CLJ 293.
Wrong/incorrect assertion in pleadings either through ignorance, inadvertence or otherwise would not attract exercise of 12(2).
2006 CLJ 373.
Discovery of new and important matter or evidence may provide ground for revision under R. 1(c) of Order XLVII but cannot be challenged under 12(2).
2010 YLR 2178, Application u/s 12(2) dismissed without recording of evidence. Question of fact could not be decided by court without recording evidence.
2007 SCMR 569,
NLR 2006 Civil 105,
Sec. 12(2) and its written statement is also pleadings.
2006 CLC 286,
No court -fee is payable on the order passed on the application under S.12(2), C.P.C. and challenged before the High court by way of revision---Principles.
Gift
NLR 2005 Pesh 75,
Gift deed has no evidentiary value when factum of delivery of possession is not proved.
2010 CLC 1861,
Gift through registered deed-- Ex*****on and registration not denied, such admission would be sufficient proof.
2010 CLC 1895,
TPA, Gift, Unequivocal intention of donor must be demonstrated by his entire relinquishment.
Grow More Food Scheme,
2005 CLC 83,
Continuous possession is necessary.
Hissa Batai
PLJ 2010 Lah 301
Writ Allowed.
I.C.A
NLR 2005 Civil, BWP 151, ICA can be filed when judgment of Single Judge is shown to be against law, based on non reading or misreading or is the consequence of miscarriage of justice.
Inheritance.
2005 CLC 817,
When a man changes his religion, his inheritance is to be divided according to his new religion.
Ignorance of Law is no Excuse,
2005 YLR 221,
PLD 2001 SC 228,
PLD 1994 Lah 360,
1994 CLC 1163,
1987 MLD 2867,
1989 PCL 552 ,
1986 PCL 862
Issue Wise Finding,
PLJ 2010 Lah 269,
Appellate Court did not give issue wise findings. Revision Allowed
ISSUES, Non framing of!
PLJ 2010 SC 530,
O.14 R.1 Non-framing of issues, parties could not adduce evidence. Case remanded to trial court.
Judicial Mind
NLR 2005 Civil 297, 450, Judgment passed without using judicial mind.
PLD 2018 SC 28,
2009 CLD (Lah) 960(b),
Judge is supposed to know the law. Court cannot say that counsel has not advised the court properly.
1980 CLC 2056,
2004 MLD 1647,
2007 YLR 2311,
Court cannot grant relief, which is not prayed for in the pleadings.
Judicial Notice
NLR 2005 SC 570,
No judicial notice can be taken of a fact not proved on record through evidence.
Khasra Girdawri
2007 MLD 331,
Buyer failed to produce Kahsra Girdawri to establish his possession.
Legal Heirs
PLJ 2007 SC 849, Defendant is bound to file list of his legal heirs.
Limitation/Mutation
NLR 1985 Rev. 133, Limitation to challenge mutation, six years starts from day mutation was sanctioned.
Malicious Prosecution
PLD 1994 SC 476
PLD 1970 Kar 344
2003 MLD 1485
1993 CLC 1669
1995 CLC 735, 1134,
NLR 2005 Civil-Pesh 533,
Suit decreed. Ingredients mentioned.
Marginal Witness
2007 SCJ 848,
2006 YLR 1620,
Writer of contract as marginal witness. Suit to be dismissed where only one marginal witness examined.
Minor-Guardian
2003 CLC 1792,
If minor has not reported his majority, guardian’s act on his behalf is legal.
Minor Contradictions
2006 SCMR 1761(c), 2008 MLD 557,
Minor contradictions to be ignored.
Minor’s Custody
KLR 2006 SC 222
Natural Justice
PLD 2011 Pesh 47,
Natural Justice, Order passed by authority against interest of person without hearing him would be illegal.
S.114
Review,
2011 CLC 381,
Limited view, Grounds not taken at earlier stage.
Oath
2010 SCMR 810, Statement of a witness on Oath would be binding upon a party, who produced him as witness.
NLR 2005 Civil (Pesh) 14, Proceedings on oath would be illegal when not conducted in the prescribed manner.
O.3, R.1,2
Appearance, Agent/Pleader
PLJ 2010 Kar 143,
If plaint/POA was not competently filed along with plaint, but subsequently filed, such anomaly could be rectified.
O.6, R. 17 CPC.
Amendment
PLD 1984 SC (AJK) 1151,
Wrong description of property in plaint can be corrected.
2009 YLR 483, Amendment can be allowed at any stage.
O.7, R.11 CPC.
Rejection of Suit/Plaint.
PLD 2011 AJK 1
2011 CLC 250,
Object of 7/11 was to bring an end to incompetent suit to the earliest.
PLD 2010 Lah 487,
Every averment made in plaint has to be accepted as correct.
PLD 2010 Q 65,
O. 7, R.11, O.39, R.1,2, Trial court rejected plaint while deciding stay application--Validity—Rejection of plaint on having fixed for decision on application under ).39, R.1,2 was illegal.
2010 CLC 1879,
Court could reject plaint when allegations made therein, if assumed as proved to be correct, would not entitle plaintiff to get relief.
1994 SCMR 826,
The rejection of plaint under Order VII, Rule 11, C.P.C. is contemplated at a stage when the Court has not recorded any evidence in the suit. It is for this reason precisely, that the law permits consideration of only averments made in the plaint for the purpose of deciding whether the plaint should be rejected or not for failure to disclose cause of action or the suit being barred under some provision of law.
O.8, CPC.
Written Statement
2003 SCMR 1528, 171. Time given for filing written statement but defendant failed, court can decree the suit.
2008 CLC 580,
O.8, R.1, 10 CPC.
Conduct of defendant showed that he was reluctant to file written statement and had disobeyed various orders of Trial Court---Trial Court had proceeded in right direction in passing impugned order---High Court dismissed constitutional petition in circumstances.
NLR 2006 SCJ 978,
Court cannot give more than 30 day’s time.
2003 CLC 1016,
Court can give order for filing written statement.
2007 CLC 288,
Failure to file written statement by defendant---Effect---Even if defendant had not filed written statement and had not cross-examined the witnesses produced by the plaintiff and had not produced any defence witnesses and suit proceeded ex parte; he had the right to contest the suit; and take plea that on basis of evidence produced by the plaintiff himself, the suit was liable to be dismissed--
O.9, R.8 CPC.
2010 YLR 2053, Dismissal for non-appearance of plaintiff. On the date fixed, plaintiff was not required to fulfill any obligation on his part. Suit restored to its original stage.
2010 YLR 2196,
Sufficient cause, Counsel of plaintiff suffering from ailment and later succumbed to ailment. Case restored to original position.
O.9, R.9 CPC.
2011 MLD 266
Dismissal in default, technicalities should be avoided.
O.9, R.13 CPC.
AIR 32/33? Mad 713 Application by person not part in original suit, not valid.
2010 CLC 1776,
Application filed beyond prescribed period of limitation. No illegality was committed by two courts below while dismissing application for setting aside ex parte. Such aspect of case did not require and indulgence of High Court within purview of S.115 CPC.
PLJ 2010 Pesh 1,
Ex parte, Defendant cannot be excluded from proceedings.
PLJ 2010 SC 891,
Remarks on Registered AD with regard to refusal of the appellant clearly showed that appellant was not misled in view of address mentioned in the plaint.
O.16, R.1 CPC.
List of witnesses,
1990 CLC 1877,
1994 CLC 1920,
2001 MLD 1521
1999 SCMR 799,
Does not fall in the ambit of technicalities, illiterate no ground.
2003 MLD 1621,1332, 2004 SCMR 1367,
2005 MLD 1713,
2006 MLD 1532,
1999 SCMR 799.
O.17, R.3 CPC.
Closure of evidence
PLJ 2010 Lah 432,
REF 2008 SCMR 322,
Opportunity given, Revision Dismissed.
PLJ 2010 Lah 687.
Right closed, no ground for interference was made out.
2006 CLJ 633,
Dismissal under O.17, R.3 CPC against some plaintiffs would not be made basis of res-judicata for other plaintiffs.
2010 YLR 1957,
Penal order did not remain in field, Subsequent adjournments could not be termed as adjournments given on the request of the plaintiff---Where the case was not adjourned on the request of a party, such party could not be subjected with penal consequence on the subsequent date
O.20, R.5 CPC
Issue wise finding
2000 SCMR 1647,
Issue wise finding not necessary when issues are interlinked.
O.23, R.1 CPC
PLD 1984 Lah 230,
PLD 1957 Lah 648,
PLD 1965 SC 634,
PLJ 1985 Lah 405
2003 CLR 1541,
Suit to be decided on merit, not to fail.
O.37 CPC
PLD 2010 Lah 487, Summary procedure-- Once leave to appear and defend the suit has been granted, same is converted into regular civil suit and to be tried accordingly.
PLD 2011 Lah 149, insufficient stamps, deficiency can be made up in appeal.
PLJ 2010 Lah 488,
Delay in furnishing security, condoned.
O.39, R.1,2
Interim Injunction
PLJ 2008 Pesh 73, 1996MLD 1937, 2001MLD 92,
Stay cannot be granted even to the extent of further alienation.
1999 CLC 598,
Nature of property to be maintained.
PLD 1988 Kar 433, Permanent Injunction not maintainable where title is absent.
1989 SCMR 130,
1999 CLC 598
Co-sharer, joint property.
1998 CLC 857,
Be restrained from cutting trees.
1990 CLC 1299,
1982 CLC 1647,
Grant of Stay is a rule, refusal is an exception.
NLR 1985 Rev. 133, Limitation to challenge mutation, 6 years starts from the day mutation was attested.
2006 CLJ 63,
S.115, High Court has no jurisdiction under S.115 to interfere where temporary injunction was refused by courts below.
2010 CLC 1843,
Injunction could not be granted to prevent Breach of Contract.
2010 CLC 1879,
Court while granting injunction should or ought to be of the view that plaintiff applying for injunction was in all probability likely to succeed in the suit by having a decision in his favour.
2001 MLD 92,
Injunction against construction, demolishing the property cannot be granted.
PLD 1968 Lah 315,
Stay can be granted about prerogative of managing mosque matters.
O.39,R.4 CPC.
1990 CLC 1127
Parda Nasheen
PLJ 2010 SC 530
Heavy burden of proof lies on donee.
2006 CLJ 264, Compromise deed by acting through bullet speed against defendant who was parda nashin . 12(2) accepted.
2007 SCMR 838,
2005 CLC 1839,
PLD 2009 Lah 41,
Suit dismissed.
Pari Delicto
1989 CLC 1789
1985 CLC 1881
Where each party is equally in fault, the law favours him who is actually in possession.
Pending Litigation,
1976 SCMR 239, 385
Pending a litigation nothing new should be introduced.
Plaint/Evidence
PLD 1984 SC (AJK) 1151, Wrong description of property in plaint can be corrected.
PLJ 2010 Lah 262,
REF. 1996 SCMR 336
If ingredients necessary to be mentioned in plaint were not mentioned, no evidence can be led on this point.
2007 CLC 259,
PLJ 2006 SC 159,
2007 CLC 257,
2001 CLC 1100,
No evidence beyond pleadings.
2009 CLD (SC) 802,
Any objection not raised before trial court cannot be raised before Appellate Court or Court of Revision.
NLR 2007 (AC) 280,
Written statement is not evidence.
1980 CLC 2056,
2004 MLD 1647,
2007 YLR 2311,
Court cannot grant relief which is not prayed for in the pleadings.
2007 CLC 257,462,
1984 CLC 3172,
No evidence on an objection -- Not proved.
NLR 2008 SCJ 38,
2008 SCMR 238, Pleadings is not evidence.
NLR 2008 SCJ 38, Content of pleadings not put in evidence, stands unproved.
2007 SCMR 569,
NLR 2006 Civil 105,
Application u/s 12(2) and its written statement is also pleadings.
Pre-Emption
PLJ 2010 Lah 273 Written statement mentioned it was exchange. To prove distinction between device and disguise evidence has to be looked into. Case Remanded.
PLD 2010 SC 1048,
Pre-emption is not inheritable right.
2007 CLC 489,
Pre-emption decreed, Defendant’s plea that he purchased land for construction of mosque, no strong evidence produced.
2008 SCMR 1056,
-Ss. 15 & 21---Qanun-e-Shahadat (10 of 1984), Art.133---Pre-emption suit---Superior right of pre-emption---Vendee claimed to be owner in the Estate on basis of gift deed executed in his favour before alleged sale--Proof---Gift deed was produced in evidence through donor---No question in respect of validity or otherwise of gift was put to donor during cross-examination---Held, gift was properly executed between vendee and donor---Pre-emptor had no preferential right qua vendee---Suit was dismissed in circumstances.
Informer, Pre-emption
2011 CLC 244
Informer’s name not mentioned not entitled to grant of decree.
Mutation
PLD 2011 SC 151,
Non attestation of mutation, not fatal.
Slip of Tongue
PLJ 2010 Pesh 24,
S.13 Slip of tongue or clerical mistake, plaintiff has proved Talab.
2004SCMR 1580
Non service not fatal, minor discrepancy of time would not come in way of pre-emptor.
2007 CLC 277,
Witness unable to tell what is written in notice Talb-e-Ishhad.
2011 MLD 255,
2007 CLC 819,
Talab not proved, suit dismissed.
Zar Soim,
1995 CLC 487,
Rival pre‑emptors withdrawing pre‑emption money after passing of judgment in their favour‑‑Suits of rival pre‑emptors were not liable to be dismissed on such account‑‑Suit having once been decreed in rival pre‑emptors' favour and matter being under appeal merely because 1/5th money was withdrawn by them, would not be a valid ground for holding that decree in their favour had become ineffective or their suit had become liable to be dismissed.
PLJ 2010 Lah 484,
No court can extend time as prescribed in sec 24(2) of pre-emption act, suit was barred by limitation.
Pronote,
O.37, R.1,2 CPC
PLD 2011 Lah 149, insufficient stamps, deficiency can be made up in appeal.
PLD 2010 Lah 487,
Summary procedure-- Once leave to appear and defend the suit has been granted, same is converted into regular civil suit and to be tried accordingly.
PLJ 2001 Pesh 18,
Writer of pronote produced in evidence, marginal witnesses accepted him.
Public Nuisance
2011 CLC 250, Permission of A.G is mandatory.
Review
2010 YLR 1957,
S.114, Patent illegality and error was apparent- review application competent.
Referee,
Appointment of
KLR 2000 CC 387
Art.33 QSO. Appointment of referee, decision final.
Res Judicata
2009 CLD Lah 401(e), Res judicata.
2006 CLJ 633,
Dismissal under O.17, R.3 against some plaintiffs would not be made basis of res judicata for other plaintiffs.
PLJ 2010 Lah 91, Inheritance not hit by law of res judicata.
Rent
20110 CLC 1839,
Punjab Rented Premises Act, Ejectment of tenant, Setting aside ex parte eviction order without restoration of possession would have been meaningless as the same would have resulted in irreparable loss and multiplicity of proceedings.
PLJ 2010 SC 910,
S.13, Ejectment petition, If tenant fails to produce his title over the premises in dispute, the Rent Controller can determine the relationship of landlord and tenant between the parties.
PLJ 2010 Lah 493, Default in payment of rent due.
Rent, 12(2)
2005 CLC 1042,
2004 MLD 227
Service
PLD 1991 SC 660(b), 2006 SCMR 4
Document sent by registered post gives rise to presumption of due service.
Secondary Evidence
NLR 2005 Civil 120, Secondary evidence without obtaining permission is of no value.
Signatures
1997 SCMR 976,
PLJ 2010 Lah 32,
Court has ample power to distinguish between signatures under Art. 84 QSO.
Specific Relief Act
STAY,
PLD 1990 Lah 82,
If the petitioner is ready to pay full/partial amount, it will be invested in a saving scheme as security till decision of the suit for specific performance and STAY will be granted till disposal of the case.
NLR 1986 CLJ 346
2010 CLC 1872,
Ss. 42 & 54---Suit for declaration and permanent injunction—Suit dismissed. Possession of defendant was admitted, plaintiff could not prove that sale deed was attested fraudently.
Special Costs
NLR 2006 CLJ 1014,
Sec. 35A, Imposition of special cost which is against spirit of law would be erroneous.
Subsequent Suit
PLD 1983 SC 344
(Fresh suit already instituted and pending at time of withdrawal of earlier suit, HELD not barred) *Mere withdrawal does not operate as Res judicata.
Technicalities
2011 MLD 266
Dismissal in default, technicalities should be avoided.
2005 CLC 285,123,1602, 457,603,
Law is to be defined according to law and technicalities are to be avoided.
2001 YLR 2512,
Lis should not be knocked out on technical grounds but endeavours of the Courts should be to decide the matters, involving valuable rights of the parties, on merits and party to the litigation should not be non-suited on mere technical grounds.
2002 CLD 345,
Parties should not be non-suited on mere Technicalities and the lis, so far as possible, has to be decided on merits.
PLD 1960 SC 382? Justice Kaikaus.
Vigilant/Indolent
Law helps vigilant and not indolent
2000 PCL 134,
1999 SCMR 1326,
NLR 2005 Civil 109, Discretion, Courts do not use discretion in favour of indolent and slothful litigant.
Withholding Evidence
2006 CLC 578,
Art. 129(g)---Adverse inference---Where a party withholds evidence of vital importance, such an act is fatal to his case---Court always draws an adverse inference against a person where he, in a given situation, is bound to react in a particular manner but fails to do so.
Witness
2007 CLC 277,
Witness unable to tell what is written in notice Talb-e-Ishhad.
Writ Competent
1972 SCMR 395,
1980 SCMR 84,
1981 SCMR 758
Where finding is not supported by evidence on record the same can be disturbed in writ petition.
2005 CLC 192, 54,
Writ competent where lower court has no properly appreciated evidence.
