Law: Qanun-e-Shahadat (10 of 1984)

Section: 117

Law: Civil Procedure Code (V of 1908)

Section: O.VII,R.2,O.XLI,R.31,96,115

(a) Qanun-e-Shahadat (10 of 1984)-------Art. 117---Burden of proof---Burden of proof always lay upon plaintiff and plaintiff could not be benefited from shortcomings of defendant's case, where case of plaintiff was doubtful and entire evidence of plaintiff was self contradictory and highly discrepant.(b) Civil Procedure Code (V of 1908)-------O. VII, R.2 & O.XLI, R.31---Suit for recovery of amount---Plaintiff had produced sufficient evidence in support of his case---Totally independent witnesses produced by plaintiff had fully supported version of plaintiff and they had demonstrated complete unanimity on all material particulars of the case---Said witnesses were subjected to fairly lengthy cross-examination, but they could not be shaken---Appellate Court had rightly placed reliance on statements of said witnesses and reversed findings of Trial Court---Material on record had established that suit amount was outstanding against defendant which was not paid by him despite repeated requests of plaintiff---Appellate Court had fully attended to the controversy involved and stated points arising for determination and its decision thereon--- Impugned of Appellate Court was in consonance with material on record and provisions of O.XLI, R.31, C.P.C. had not been violated in the case---Parties were alive to the controversy involved and they were given reasonable opportunity to produce evidence in support of their respective contentions ---No prejudice seemed to have been caused to defendant---Appellate Court had discussed total evidence on record---No misreading or non-reading of evidence on part of Appellate Court was proved and Appellate was not shown to have been tainted with any illegality or irregularity--�No interference in of Appellate Court, would be permissible in revisional jurisdiction of High Court in circumstances---Imposition of costs on defendant, however appeared to be against spirit of law--�Finding to that effect being erroneous, could not be allowed to remain intact.Mir Nawaz Khan and others v. Gul Ayub Khan and another 2003 CLC 1428 ref.(c) Civil Procedure Code (V of 1908)-------Ss. 96 & 115---Powers of First Appellate Court---Revisional…