ثانوی شہادت پر لاہور ہائیکورٹ کا انتہائی معلوماتی فیصلہ

 This Court is called upon to render its findings in respect of the following legal questions:

i. Whether a litigant can be permitted to lead secondary evidence, as a matter of right, without the leave of the Court and is not required to submit an application seeking such permission from the Trial Court?

ii. At which stage of the proceedings a litigant can apply for leading secondary evidence and whether in the facts and circumstances of the case, the Courts below were justified in allowing the application filed by the respondents?

Held:

Although there is tendency as well as prevalent practice of the litigants to file an application for leading secondary evidence, it is always open to a party to lead secondary evidence before the Trial Court, without filing any application for the reason that upon filing of any such application, one of the two course of actions are adopted by the Courts; either the secondary evidence is not considered or the evidence is considered twice, once for the purpose of "seeking leave/permission of the Court" and then again at the time of admitting the document. In first eventuality, there is possibility of losing an important piece of evidence if the application is dismissed and no appeal is filed and in case of the latter, precious time of the Court is wasted and it achieves nothing.

Therefore, the party intending to produce secondary evidence may produce it at the time of recording of evidence, which the opposing party may object to at that time and the Court may decide the objection then and there or the Court may let it be recorded under objection and decide it at the time of final adjudication of the lis i.e., at the time of passing the judgment and decree

Misc.Writ: 11458/24
Bagh Ali Vs ADJ Pakpattan etc
Mr. Justice Anwaar Hussain
18-04-2024
2024 LHC 2256