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Second Appeal No. 198 of 1976, decided on 14th December 1980.
S. 47 read with S. 67‑Documents‑Proof‑Respondent proving documents only through his deposition on oath and not producing their executants to prove them‑‑Appellant raising no objection at time of production and exhibition of such document‑Held, lower Court erred in relying on such documents.
Muhammad Yuruf v. S. M. Ayab P L D 1973 S C 160 rel.
S. 11‑Res judicata‑Former suit dismissed for non‑prosecution and not on merits‑Former decision, held, did not constitute res judicata. [Res judicata].
S. 92‑‑Oral evidence, exclusion of‑Respondent by oral evidence not trying at all to show any variation in terms and conditions of lease agreements‑Such oral evidence, held, admissible.‑[Evidence].
Riaz Ali v. Shabbir Ahmad Khan 1971 S C M R 598 distinguished.
Firm Kesla Mal Nand Kishore v, Cooper Allen & Co. A I R 1936 All. 717 ; Kunja Bahari Das v. Raman Behari Das A I R 1937 Cal. 619; Champaran Jain v. Sripati Nath Das A I R 1938 Cal. 430 and Athar Ali v. Abdul Taher Bhuiyan P L D 1961 Dacca 349 rel.
Sami Ahmed for Appellant.
A. F. Af. Mokarim for Respondent.
Dates of hearing : 26th and 27th November 1980.
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