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Section 151 of the C.P.C provides the inherent powers to the court to make orders necessary for the ends of justice or to prevent abuse of the process of the court. This section empowers the court to take appropriate action when it becomes aware that a party has concealed material facts.
Section 151 of the C.P.C provides the inherent powers to the court to make orders necessary for the ends of justice or to prevent abuse of the process of the court. This section empowers the court to take appropriate action when it becomes aware that a party has concealed material facts.
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In Pakistan, it is essential for parties involved in a legal proceeding to disclose all relevant facts and evidence before the court. The principle of full and frank disclosure requires parties to provide complete and accurate information to ensure a fair trial. Failure to disclose material facts can lead to adverse consequences, including dismissal of a case or imposition of costs.
In Pakistan, it is essential for parties involved in a legal proceeding to disclose all relevant facts and evidence before the court. The principle of full and frank disclosure requires parties to provide complete and accurate information to ensure a fair trial. Failure to disclose material facts can lead to adverse consequences, including dismissal of a case or imposition of costs.
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The concealment of facts can occur at various stages of a legal proceeding, such as during the filing of pleadings, discovery, or trial. It can involve withholding documents, providing false information, or deliberately omitting crucial details. The purpose behind concealing facts is often to gain an unfair advantage or mislead the court.
The concealment of facts can occur at various stages of a legal proceeding, such as during the filing of pleadings, discovery, or trial. It can involve withholding documents, providing false information, or deliberately omitting crucial details. The purpose behind concealing facts is often to gain an unfair advantage or mislead the court.
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When a party discovers that the opposing party has concealed material facts, they can bring it to the attention of the court. The court may then take appropriate action based on the circumstances of the case. This can include ordering the disclosure of concealed facts, striking out pleadings, imposing costs, or even initiating contempt proceedings against the party responsible for concealment.
When a party discovers that the opposing party has concealed material facts, they can bring it to the attention of the court. The court may then take appropriate action based on the circumstances of the case. This can include ordering the disclosure of concealed facts, striking out pleadings, imposing costs, or even initiating contempt proceedings against the party responsible for concealment.
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It is important to note that in order for concealment of facts to be actionable under C.P.C Pakistan, it must be proven that:
It is important to note that in order for concealment of facts to be actionable under C.P.C Pakistan, it must be proven that:
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1. The concealed fact is material: The fact must be relevant and have a direct impact on the outcome of the case. Trivial or immaterial facts may not be considered concealment.
1. The concealed fact is material: The fact must be relevant and have a direct impact on the outcome of the case. Trivial or immaterial facts may not be considered concealment.
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2. The concealment was intentional: It must be established that the party intentionally hid or withheld the material fact. Mere negligence or inadvertent omission may not be sufficient to establish concealment.
2. The concealment was intentional: It must be established that the party intentionally hid or withheld the material fact. Mere negligence or inadvertent omission may not be sufficient to establish concealment.
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3. The concealment prejudiced the other party: The party alleging concealment must demonstrate that they suffered prejudice as a result of the hidden fact. This could include loss of evidence, inability to present a defense, or unfair disadvantage in the proceedings.
3. The concealment prejudiced the other party: The party alleging concealment must demonstrate that they suffered prejudice as a result of the hidden fact. This could include loss of evidence, inability to present a defense, or unfair disadvantage in the proceedings.
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In cases where concealment of facts is proven, the court has wide discretion to determine the appropriate remedy. The court may order the disclosure of concealed facts, allow additional evidence to be presented, or even dismiss the case entirely. The objective is to ensure fairness and prevent abuse of the legal process.
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In cases where concealment of facts is proven, the court has wide discretion to determine the appropriate remedy. The court may order the disclosure of concealed facts, allow additional evidence to be presented, or even dismiss the case entirely. The objective is to ensure fairness and prevent abuse of the legal process.
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