1991 SCMR 1650

BOLADAR And Others vs ABDUL GHAFOOR And Other

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Citation1991 SCMR 1650

CourtSupreme Court of Pakistan

Case No.Civil Petition No.149-P of 1989

Date1989-10-08

Judge(s)Nasim Hasan Shah, Ghulam Mujaddid and Naimuiddin

Authored byGhulam Mujaddid

ResultLeave granted

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This matter came before the Supreme Court of Pakistan upon a petition for leave to appeal against an order of the High Court. The petitioners contended that the High Court failed to exercise its jurisdiction properly by neglecting to consider documentary evidence on record that allegedly established their claim. The core legal question was whether the High Court was under a legal obligation to examine the documentary evidence presented by the petitioners during the proceedings. Upon review, the Supreme Court found merit in the submission that the High Court had not adequately addressed the jurisdictional and evidentiary issues raised. Consequently, the Court granted leave to appeal, directed that the appeal be prepared on the existing record, and permitted the parties to file additional documents within a specified timeframe. The Court further ordered the continuation of its previous interim order dated 27-8-1989 and directed that the appeal be scheduled for an early hearing.

Questions settled in this judgment

Is the High Court under a legal obligation to examine documentary evidence produced by a party on the record?
Does a failure by the High Court to advert to the question of jurisdiction and evidence constitute valid grounds for granting leave to appeal?

leave to appealdocumentary evidencejurisdictionappellate reviewHigh Court

ORDER

GHULAM MUJADDID, J.---Mian Muhammad Younis Shah, Advocate, learned counsel for the petitioners contended that the High Court did I not advert to the question of jurisdiction nor the evidence produced by the petitioners which conclusively established their right and claim. It is submitted that the documentary evidence being part of the record, the High Court as such was under a legal obligation to examine the same in accordance with law.

2. The submission is not devoid of force. Leave is accordingly granted Security Rs.1,000. The appeal to be prepared on the present record. The parties are permitted to file necessary additional documents if they so wish within a month. This Court's order dated 27-8-1989 to continue,

3. The appeal to be set down at an early date.