CHAMAN ASLAM vs MUHAMMAD AURANGZEB and another
This criminal revision application arises from a challenge to an order passed by the IIIrd Additional Sessions Judge, Karachi, East, which dismissed the complainant's application to produce additional evidence in proceedings initiated under the Illegal Dispossession Act, 2005. The core legal question was whether the trial court correctly exercised its discretion in refusing to allow the production of additional documents after the initial evidence had been recorded. The High Court observed that while the trial court's order was legally sound, the complainant had cited medical incapacity (cancer) as the reason for the initial failure to produce the documents. The Court held that while parties must provide strong reasons and full details when seeking to produce additional evidence, the complainant should be granted a final opportunity to pursue her case. Consequently, the revision application was dismissed in limine, with the Court granting the complainant liberty to file a fresh application before the trial court, which is to be decided on its own merits.
- What are the essential requirements for a party seeking to produce additional evidence under Section 540 of the Code of Criminal Procedure 1898?
- Can a court grant a party a fresh opportunity to produce evidence if the initial failure was due to medical incapacity?
- Is a trial court's order refusing additional evidence subject to revision if the applicant failed to provide strong reasons or details in the original application?
- Section 3(1), Illegal Dispossession Act 2005
- Section 3(2), Illegal Dispossession Act 2005
- Section 540, Code of Criminal Procedure 1898
ORDER
1. ' AZIZULLAH M. MEMON, J.---Heard learned counsel appearing for the parties.
2. ' The complainant/applicant filed complaint under section 3(1)(2) of Illegal Dispossession Act, 2005, for recovery of possession of the flat, described in the said application. The Court of learned District and Sessions Judge recorded the evidence, but at a later stage complainant/applicant moved an application under section 540, Cr.P.C. With a prayer that she may be permitted to produce further evidence (in support of her said application), which was heard by learned IIIrd Addl. Sessions Judge, Karachi, East, who dismissed the same vide Order, dated 17th July, 2007.
3. It is a settled principle of law that wherever a party desires to produce further/additional evidence, in support of its case, then such an application shall mention very strong reasons for not having produced the same when the proper opportunity was afforded to such a party, and further that the full details of such further/additional evidence are to be mentioned in such an application. In case, such essential requirements are not fulfilled the party shall not be entitled to produce further/additional evidence in support of its case.
4. ' But, learned counsel for the complainant/applicant has argued that some documents, already available on the file of learned trial Court, could not be produced by the complainant in her evidence for the reason that she was suffering from cancer, and faced very dire circumstances, therefore, complainant needs to be afforded one opportunity to produce the document which, as already available on the file of the learned trial Court.
5. ' Under the circumstances, though the impugned order passed by the trial Court appears to be sound as well as legal, but the complainant needs to be afforded with one opportunity to further pursue her case according to law.
6. This criminal revision application is hereby dismissed in limine, leaving the complainant at liberty to file a fresh application before the learned trial Court with a prayer to allow her to produce the documents in evidence, which may already have been placed by her in the case in question; if filed, such an application shall be heard and decided on its own merit.
7. ' The revision application stands disposed of accordingly.
Cited by 3 cases
- Malik Sheraz Zafar vs The State, etc. 2015 LHC 5882
- MALIK SHERAZ ZAFAR vs STATE, etc. 2016 PLJ Lahore 1
- Malik SHERAZ ZAFAR Versus State 2017 YLRN 243