3. Contention of learned counsel for the petitioners is that the learned trial Court after framing issues even with regard to any preliminary issue was obliged to provide opportunity to the parties to lead evidence so that fate of the suit should have been decided whereas in the instant case, the alleged suit claimed to be filed by mother of the present petitioners has not been confronted either to her or to the petitioners at any stage of the proceedings and unless and until it is not placed on record according to the procedure provided in the Qanun-e-Shahadat Order, 1984, the validity of the said document cannot be determined/examined by the learned Courts below, hence the petitioners have been condemned un-heard. He has placed reliance on Muhammad Zubair and others v. Muhammad Sharif (2005 SCMR 1217) and Federation of Pakistan through Secretary Ministry of Defence and another v. Jaffar Khan and others (PLD 2010 SC 604). Further contends that unless any document has been produced in evidence in proper way provided under the procedure, reliance cannot be placed on such document. Hence both the learned Courts below have committed material illegality and irregularity while passing the orders impugned, thus the same are un-sustainable in the eye of law.
Part of Judgment
IN THE LAHORE HIGH COURT, LAHORE. JUDICIAL DEPARTMENT.
| 2017 LHC 4821 |
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