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Civil Petition for Special Leave to Appeal No. 375 of 1967, decided on 12th October 1967.
(On appeal from the judgment and order of the High Court of West Pakistan, Lahore, dated the 13th July 1967, in Civil Revision No. 384 of 1967).
S. 115 & O. XIII, r. 2 Party permitted by Court to place on record certain documents after framing of issues‑Such order admitting or declining to admit evidence oral or documentary not "case decided" so as to attract provisions of S. 115.
Mian Muhammad Shafi, Advocate Supreme Court instructed by Khawaja Mushtaq Ahmad, Senior Attorney for Petitioner.
Nemo for Respondents.
Date of hearing : 12th October 1967.
This petition for special leave to appeal is wholly misconceived. A suit filed by the respondents against the petitioner for a permanent injunction is pending in the, Court of a Civil Judge in Lahore. After the issues were framed the respondents were permitted by the trial Judge to place on the record certain documents against which the petitioner moved the High Court under section 115, C. P. C. The petition was dismissed as the High Court did not find any material irregularity or illegality in admitting the documents in evidence.
It is from this order that the petitioner seeks leave to appeal. An order admitting or declining to admit evidence oral or documentary does not amount to a "case decided" within the purview of section 115, C. P. C. The High Court could not, therefore, interfere with the order of the trial Court in exercise of its revisional jurisdiction. A fortiorari no appeal from the order of the High Court would lie to this Court.
The petition is dismissed.
Leave refused.
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