REHMAT ALI vs SHAUKAT ALI and others
This matter originated from petitions challenging a consolidated judgment dated 15-11-2001 passed by the Lahore High Court, Bahawalpur Bench. The core legal question before the Supreme Court was whether the High Court's reliance on evidence provided by the respondents' late counsel, Qazi Muhammad Shafi, was legally admissible and whether the impugned judgment could be sustained in light of this evidentiary issue. The Supreme Court observed that the High Court had granted relief to the respondents based on the statement of their late counsel, which was contested as inadmissible. Upon hearing arguments, the Supreme Court determined that the matter required a fresh determination. Consequently, the Court set aside the impugned judgment and remanded the case to the High Court for a de novo decision on the civil revisions. The High Court was directed to specifically evaluate whether the evidence furnished by the late counsel was admissible under the law and to consider the remaining evidence on record in its adjudication. The petitions were converted into appeals and disposed of accordingly, with parties directed to bear their own costs.
- Can a High Court judgment be set aside if it relies on potentially inadmissible evidence provided by a party's counsel?
- Is it appropriate for the Supreme Court to remand a case to the High Court for a fresh decision when the admissibility of evidence is in dispute?
- Does the Supreme Court have the authority to convert petitions into appeals for the purpose of disposing of a matter?
ORDER
' IFTIKHAR MUHAMMAD CHAUDHRY, ACTG. C.J.--- This order shall dispose of the above noted petitions arising out of consolidated judgment, dated 15-11-2001, passed by Lahore High Court, Bahawalpur Bench.
2. We have heard the learned counsel for the parties and have also gone through the impugned judgment carefully. It may be noted that relief has been given to the respondents in view of the statement made by their Advocate, late Qazi Muhammad Shafi. Learned counsel stated that evidence furnished by him was not admissible under the law, therefore, the High Court may have taken into consideration the other evidence/ material while disposing of the civil revisions. When learned counsel appearing for the respondents was called upon to explain legal position in A this behalf, he contended that besides the evidence of late Qazi Muhammad Shafi, Advocate, other evidence is also available on record. In such view of the matter, we consider it appropriate to remand the case to the learned High Court for afresh decision of the civil revisions after taking into consideration as to whether the evidence furnished by late Qazi Muhammad Shafi, Advocate of the respondent was admissible under the law or not.
4. Thus, for the foregoing reasons, impugned judgment, dated 15-11-2001 is set aside, petitions are converted into appeals and disposed of in view of the observations made hereinabove.
' Parties are left to bear their own costs.