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2008 SCMR 1080

REHMAT ALI vs SHAUKAT ALI and others

Citation2008 SCMR 1080
CourtSupreme Court of Pakistan
Case No.Civil Petitions Nos.375-L and 376-L of 2002
Date2005-01-25
Judge(s)Iftikhar Muhammad Chaudhry, Faqir Muhammad Khokhar, Tasaddaq
ResultOrder accordingly

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.

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