Vitiated the entire oral evidence, subsequent stance

13. Notwithstanding the fact that the entire stance taken in the post-remand evidence by the respondent were never incorporated in the pleadings nor they were ever asserted in the earlier depositions and in law the respondent could not even permitted to produce evidence for which there was no foundation in the pleadings. As ruled by the August Supreme Court in “Abdul Haq and others v. Shaukat Ali and others” (2003 SCMR 74) and “Sardar Muhammad Naeem Khan v. Returning Officer” (2015 SCMR 1698) evidence beyond pleadings would be inadmissible, but also this subsequent stance, vitiated the entire oral evidence and also the pleadings in the post-remand proceedings where the respondents’ stance was that the alleged payment was made on 23.11.2003. So much so that in both pre and post-remand evidence of the D.Ws it was not denied that the possession was never transferred. D.W4, Muhammad Saeed, claimed that because of the standing crop the possession was given later while the respondent Zulfiqar appearing as D.W5 claims that petitioner forcibly continued the possession.

Part of Judgment
Lahore High court
Civil Revision
2504305.125-17
2018 LHC 3528

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