AMJAD H. MALIK vs Mst. RAZIA BEGUM and others
The petitioners sought leave to appeal against a single order of the Lahore High Court arising from two consolidated suits concerning specific performance of a contract and a suit for declaration and permanent injunction. The trial court dismissed the petitioner's suit and decreed the respondent's suit. Upon appeal, the District Judge reversed the trial court's judgment. The High Court subsequently set aside the lower appellate court's judgment and remanded the matter because the lower appellate court failed to consider and examine the oral and documentary evidence produced by the respondent. The Supreme Court observed that the first appellate court is bound under the law to examine and consider the evidence produced by all parties and provide reasoned judgments. Agreeing with the High Court that the failure to consider material evidence warranted a remand for rehearing, the Supreme Court held that an appellate court cannot ignore evidence on the subjective assumption that it lacks quality. Consequently, the Supreme Court dismissed the petitions and refused leave to appeal.
- Is the first appellate court required under the law to consider and evaluate the evidence produced by all parties before reversing a trial court's judgment?
- Can an appellate court ignore evidence produced by a party on the ground that it is allegedly not of a quality that needs discussion?
- Does the failure of a lower appellate court to consider material documentary and oral evidence justify the remand of the case for rehearing?
ORDER
1. ' USMAN ALI SHAH, J.--The petitioners seek leave in both the petitions against a single order of the Lahore High Court, Lahore, dated 8-11-1988, arising out of two suits filed by Amjad H. Malik. Petitioner herein, for specific performance of a contract and the other filed by Mst. Razia Begum, the present respondent No,1, for declaration and permanent injunction. Both the suits were consolidated by the learned trial Judge, who after recording the evidence adduced by the parties, dismissed the suit of Amjad Malik petitioner and decreed the suit of Mst. Razia Begum, respondent No,1, vide judgment dated 17-11-1984. The petitioner filed two appeals before the learned District Judge, which were accepted by him vide his judgment dated 6-41985.
2. ' Being aggrieved Mst. Razia Begum filed two Revision Petitions Nos.1784-D/85 and 1785-D/85 and a third one by Ajmal Hayat Malik i.e, No,1786-D/85 before the High Court, praying for setting aside the judgment and decree of the lower appellate Court.
3. After hearing the petitioner who represented his case in person and perusal of the record in the light of the findings of the Courts below, we have observed some procedural irregularities committed by the lower appellate Court. While reversing the finding of the trial Court, the learned District Judge did not take into consideration the evidence produced by the respondent No,1 Mst.
4. Razia Begum as the learned Judge ignored to examine the evidence adduced by her. The High Court has rightly observed that the Ist appellate Court under the law is to see and consider the evidence produced by the parties and thereafter give the reason for recording the judgment. The documentary evidence in the form of Exhs.P.1 to P.24 and also the examination of 7 witnesses produced by her has not been considered by the learned lower appellate Court. The petitioner herein in person argued that evidence of Mst. Razia was not of such a quality which needs discussion. But under the circumstances we agree with the learned High Court that due to non- consideration of the evidence of the respondents the appeal for rehearing was rightly remanded.
5. ' The result is that there is no force in both the petitions and are hereby dismissed. Leave refused..
Cited by 5 cases
- Mst. Iqbal Begum, etc. vs Syed Muhammad Sadiq, etc. 2016 C.L.R. 1131
- UDHA RAM vs MUHAMMAD MEHTAB and another 2014 CLC 98
- Syed HUSSAIN NAQVI and 2 others vs BEGUM ZAKIRA CHATTHA and another 2000 CLC 1771
- AZIZ ULLAH KHAN Versus GUL.MUHAMMAD KHAN 2000 SCMR 1647
- ELAHI BAKHSH And ANOTHER vs SHER MUHAMMAD 1990 CLC 1762