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A Party failing to present Evidence despite Multiple Opportunities cannot be allowed to abuse the Legal System for Indefinite Delays --- Supreme Court of Pakistan

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A Party failing to present Evidence despite Multiple Opportunities cannot be allowed to abuse the Legal System for Indefinite Delays --- Supreme Court of Pakistan

Islamabad 04-02-2025: The Supreme Court of Pakistan has dismissed a petition in Muhammad Asim Vs. Dr. Abdul Hamid Jan & Others (C.P.L.A. No. 277-Q of 2024), reinforcing the principle that law favors the vigilant, not the indolent. The Apex Court upheld the Balochistan High Court’s judgment and ruled that a party failing to present evidence despite multiple opportunities cannot be allowed to abuse the legal system for indefinite delays.

The dispute arose over a property in Samungli Housing Scheme, Quetta, originally allotted to one Iqbal Rashid, later transferred multiple times. The Petitioner, claimed ownership based on a General Power of Attorney executed in 2019. However, Respondent No. 1, also claimed ownership through a separate Power of Attorney dated 12.09.2019 from the same seller.

A civil suit was filed for declaration and injunction, leading to a protracted legal battle. The trial Court consolidated related cases and directed the Petitioner to produce evidence.

The Petitioner was granted multiple opportunities to present evidence but repeatedly failed to comply with Court orders:

August 29, 2022: Trial Court closed evidence rights after the petitioner failed to produce witnesses.
September 12, 2022: The Court granted relief upon payment of Rs. 4,000 but the Petitioner still failed to comply.
December 19, 2022: The Court again struck off evidence rights, allowing only the Petitioner’s statement.
March 15, 2023: The Petitioner’s application under Order IX, Rule 9, CPC, 1908, seeking recall of the order, was dismissed.

A revision petition was rejected on June 21, 2023, followed by the dismissal of a constitutional petition on July 24, 2024, by the Balochistan High Court. The petitioner appealed to the Supreme Court of Pakistan under Article 185(3) of the Constitution, leading to the present ruling.

The Supreme Court of Pakistan bench, comprising Mr. Justice Irfan Saadat Khan and Mr. Justice Shahid Bilal Hassan, ruled against the Petitioner, criticizing habitual delays and misuse of Court procedures. The judgment referenced key precedents:

Rana Tanveer Khan Vs. Naseer-Ud-Din (2015 SCMR 1401) – A party that ignores multiple opportunities loses its right to present evidence.
Moon Enterprises CNG Station Vs. SNGPL (2020 SCMR 300) – Courts must strictly enforce procedural laws to prevent abuse of adjournments.
Lutfullah Virk Vs. Muhammad Aslam Sheikh (PLD 2024 SC 887) – Courts must not allow litigants to manipulate legal proceedings for undue advantage.

The Court noted that the petitioner had been granted every reasonable opportunity and had failed to comply. The judgment emphasized that a litigant cannot proceed as per his whims and wishes but must follow due process to ensure timely resolution of disputes.

The Supreme Court of Pakistan dismissed the petition, refused leave to appeal, and upheld the lower Court’s decision. The ruling reaffirmed judicial authority, stating that litigants who seek to delay cases unjustifiably will not be entertained.