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2011 YLR 2416

BASHIR AHMAD vs ABDUL RASHEED And Others

Citation2011 YLR 2416
CourtLahore High Court
Case No.Civil Revision No.1629 of 2009
Date2010-07-12
Judge(s)Umar Ata Bandial
ResultPetition dismissed

ORDER UMAR ATA BUNDIAL, J.--Learned counsel for the respondents concedes the point raised in the petition. He has deposited an amount of Rs.5,000 as costs in favour of the petitioner with the learned appellate court. By the said deposit, he submits that the grievance of the petitioner stands redressed in terms of the Order dated 9-9-2009 the relevant excerpt of A which is to the following effect:-- "A court decides a controversy before it on the basis of relevant and authentic evidence. The learned counsel does not object completeness, relevance or authenticity of the documents produced by the respondents/ plaintiffs before the learned appellate court. The only case of the petitioner is that he is prejudiced by the late production of the said document. Whilst the controversy between the parties must be decided in accordance with relevant and authentic evidence, any delay or inconvenience caused by one party to the other in procuring the same ought to be duly compensated. Accordingly, to the extent that the said documents have been allowed to be produced on record without award of costs, the petitioner has a case.

Issue pre-admission notice to the respondents for 22-10-2009.

The appellate proceedings may continue and conclude subject to notice and to deposit by the respondents herein of an amount of Rs.5,000 with the learned appellate court."

2. The submission made by the learned counsel for the respondent has force. However, in the interest of justice, this civil revision petition in dismissed for non-prosecution..

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