Civil Citations
Navigating the complexities of the Civil Procedure Code (CPC), (Civil Citations), Evidence Law (Qanun-e-Shahadat), and Criminal Law requires a firm grasp of established judicial precedents. Below are key rulings from the Superior Courts of Pakistan.
1. Property Law & Agreements to Sell, Civil Citations
Signatures on Agreement (Section 54): An “Agreement to Sell” that is not signed by one of the parties (either the Vendor or the Vendee) carries no value in the eyes of the law.
Citation: 2016 CLC Page 114.
Right of Pre-emption (Section 13): Where a sale is made through Mutation, the limitation period for filing a pre-emption suit is calculated from the date of attestation of the Mutation.
Citation: 2014 PLD 488 SC.
Old Registered Documents (Art. 100 QSO): A 70-year-old registered document where signatures do not match and which was not entered in revenue records for a long time does not fulfill the requirements of “proper custody” under Art. 100.
Citation: PLJ 2013 AJK 324.
2. Evidence & Witnesses (Qanun-e-Shahadat Order), Civil Citations
Mandatory Marginal Witnesses (Art. 79): When the execution of a document is in issue, it is mandatory for the person relying on that document to examine the marginal witnesses.
Citation: 2011 MLD 370.
Unchallenged Statements (Art. 132 & 133): If a portion of a statement is not cross-examined by the opposing party, that portion is presumed to have been accepted by them.
Citation: 2015 YLR 500.
Admission by Illiterate Persons: The mere admission of a thumb impression on a document by an illiterate lady does not necessarily conclude the admission of the contents of the document itself.
Citation: 2016 MLD 370.
Minor Contradictions: Minor discrepancies in evidence that naturally occur over time can be ignored by the court.
Citation: 2011 SCMR 493.
3. Civil Procedure & Appeals (CPC)
Closing of Evidence (O.17, R.3): Willful default in producing evidence after multiple opportunities (e.g., six opportunities) justifies the court’s decision to close the right to produce evidence.
Citation: 2015 PLD 375 Lahore.
Dismissal of Appeal (O.41, R.17): An appeal can only be dismissed in the absence of the appellant on a date specifically fixed for arguments (hearing).
Citation: 2009 YLR 3013.
Amended Laws: If the law is amended while a case is still pending, the case must generally be decided under the old law (unless the amendment is specifically retrospective).
Citation: 2015 PLD 34 Lahore.
4. Criminal Procedure (CrPC)
Judicial Orders (u/s 203, 204): Orders passed under Sections 203 and 204 of the CrPC are strictly considered judicial orders.
Citation: 2016 PLD 55 SC.
