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Second Appeal No. 576 of 1967, decided on 19th March 1975.
O. XIII. r. 4‑Endorsements on documents admitted in evidence- Appellants not examining any witnesses but merely relying on docu mentary evidence filed by them‑Nothing on record indicative of respondent having admitted such documents nor respondent given any opportunity to object to same‑Documentary evidence, in circumstances, held, cannot be said to have been brought on file in accordance with law‑Case, however, ‑in its special circumstances, remanded to trial Court to follow provisions of O. X1II, r. 4 and then re:‑write judgment.
Malik Din Muhammad and another v. Muhammad Aslam P L D 1969 S C 137 ; P. Methumal and others v. Mst. Chhuti and others A I R 1933 Sind 379 ; Muhammad Yusuf Khan Khattak v. S. M. Ayub and others P L D 1972 Pesh. 173 ; Nathe Khan v. Mst. Rahmat Bibi and others P L D 1961 B J 96 ; Abdullah and others v. Abcdul Karim and others P L D 1968 S C 140 ; M. Ramappa and another v. Muthaluru Bojiappa A I R 1963 S C 1633 ; Sadiq Hussain Khan v. Hashim Ali Khan and others A I R 1916 P C 27 ; Azad Jammu & Kashmir Government v. Raza Ali Shah etc. P L D 1961 Azad J & K 77 ; Mst. Aziz Khatoon v. Allah Diwaya P L D 1952 B J 22 ; Baldeo Sahal v. Ram Chunder and others A I R 1931 Lah. 546 ; Secretary of State v. (Shrimati) Sarla Devi Chaudhrani A I R 1924 Lah. 548 and Imamuddin and another v. Sri Ram Parbhu Dial A I R 1928 Lah. 142 ref.
Khalid M. Ishaque for Appellant.
S. Sami Ahmad for Respondent.
Date of hearing : 13th March 1975.
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