|
----Ss.5,14, 17 &
Sched. ---Civil Procedure Code (V of 1908), O.XLI, R.27---Constitution of
Pakistan (1973), Art.199---Constitutional petition---Jactitation of
marriage, suit for---Plaintiff claimed to be legally wedded wife of one
"G ", while defendant claimed her to be his wife on basis of oral
Nikah---Application by plaintiff to produce copy of her nikahnama with
"G" after close of evidence by both parties---Dismissal of
application as well as suit by Family Court---Remand of case by Appellate
Court while permitting plaintiff to produce further evidence to
substantiate her earlier marriage with "G"---Validity---Evidence
sought to be produced by plaintiff was necessary for just/fair decision
between parties---Necessity of production of such evidence was also felt by
Appellate Court, which was competent to adjudge order of dismissal of
application---Appellate Court had given right to defendant to lead evidence
in rebuttal---No injustice had been done to defendant---Remand order was,
proper.
|
