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| Evidence not acceptable beyond pleading |
زبانی معاہدے کی تاریخ، وقت، مقام، ادائیگی کا طریقہ اور گواہوں کے نام کا ذکر نہیں کیا گیا تھا
کیس کا خلاصہ:
1. قانونی مواد:
2. پیش منظر:
3. ابتدائی فیصلہ:
4. ہائی کورٹ کا فیصلہ:
اہم نکات:
دلائل اور درخواست کے حدود:
متعلقہ کیس قوانین:
فیصلہ:
حوالہ جات:
Must read judgement.
2024 C L C 1060
[Lahore]
Before Muhammad Sajid Mehmood Sethi, J
ABDUL RASHEED----Petitioner
Versus
ZAHOOR-UD-DIN (DECEASED) through Legal Heirs and others----Respondents
Regular Second Appeal No.130821 of 2018, decided on 13th October, 2022.
Specific Relief Act (I of 1877)---
----Ss.12, 42 & 54---Oral agreement to sell---Proof---Evidence beyond pleadings---Effect---Predecessor-in-interest of respondents filed suit seeking declaration and possession of suit property through specific performance of agreement to sell---Trial Court partially decreed the suit in favour of predecessor-in-interest of respondents but Lower Appellate Court decreed the suit as prayed for in the plaint---Validity---Oral agreement to sell is permissible in law, but it has to be proved through credible and un-impeachable evidence---No date, time, place and mode of payment or names of witnesses of alleged oral agreement to sell were mentioned---Such ingredients were sine qua non to prove oral sale without which decree of specific performance could not be passed---No party could lead evidence beyond pleadings---Parties were required to lead evidence in consonance with their pleadings and no evidence could be produced or looked into in support of a plea which had not been taken in the pleadings---Court was to exclude and ignore such evidence led beyond pleadings from consideration---If a party intended to prove or disprove a case and some material was to be brought on record as part of evidence, which was not covered by the pleadings, it was to first seek amendment of pleadings---High Court in exercise of appellate jurisdiction set aside judgment and decree passed by Lower Appellate Court and restored that of Trial Court---Second appeal was allowed accordingly.
Muhammad Nawaz through L.Rs. v. Haji Muhammad Baran Khan through L.Rs. and others 2013 SCMR 1300; Moiz Abbas v. Mrs. Latifa and others 2019 SCMR 74; Kamal Din v. Muhammad Sharif 2006 YLR 1200; Karamdad v. Manzoor Ahmad and 2 others 2015 CLC 157; Mst. Bushra Bibi and others v. Mst. Nasim Bibi and others 2015 MLD 335; Ch. Tariq Mehmood v. Khadim Hussain (Deceased) through L.Rs. and others 2019 CLC Note 46; Binyameen and 3 others v. Chaudhry Hakim and another 1996 SCMR 336; Sardar Muhammad Naseem Khan v. Returning Officer, PP-12 and others 2015 SCMR 1698; Saddaruddin (since deceased) through LRs. v. Sultan Khan (since deceased) through LRs and others 2021 SCMR 642 and Muhammad Naeem Khan and another v. Muqadas Khan (decd) through L.Rs. and another PLD 2022 SC 99 rel.
Amjad Mehmood Butt for Appellant.
Ahmed Faheem Bhatti, Sardar Azeem Afrasiyab and Afzal Hussain for Respondents