| Citation(s) |
|---|
| 2007 SLG 3481 2007 SLD 3481 2007 PLJ 29 |
Shariat Court (AJ&K)
Sh. Appeal Nos. 22 to 25 of 2005, decided on 13.2.2007
SARDAR MUHAMMAD ASHRAF KHAN, J
Mr. Lakhi Zaman, Advocate for Appellants. Raja Muhammad Perviz, Advocate for
Respondents
Sh. Appeal Nos. 22 to 25 of 2005, decided on 13.2.2007
SARDAR MUHAMMAD ASHRAF KHAN, J
Mr. Lakhi Zaman, Advocate for Appellants. Raja Muhammad Perviz, Advocate for
Respondents
Mst. YASMIN AKHTAR and others--Appellants
VS
ABDUL MATEEN ZAHID and others--Respondents
Law:
Section:
(i) Civil Procedure Code, 1908 (V of 1908)-- ----S. 96--Appeal--Non-reading and misreading of evidence--Lethargic attitude of the trial Court--Trial Court had not only failed to appreciate the evidence, rather the evidence had been ignored--Only two witnesses had shortly been discussed and the rest of the evidence has been blacked out--Trial Court had failed to apply its judicial mind and tried to get rid of the case--Lethargic attitude of the Court towards the controversy or ignorance from the basic requirements of a --Judgment must be self-speaking, narrating the points in issue and the correct appreciation of evidence--Trial Court had not ignored such principle, but also failed to appreciate the whole evidence produced by the parties--Trial Court had committed a grave illegality by non-reading and misreading of evidence, thus, the same cannot be treated to be a in the eye of law--Case was remanded. [P. 31] B, C & D (ii) Evidence-- ----Principle--While deciding controversial points in issue between the parties, the evidence produced must be taken into consideration--Evidence adduced must correctly be appreciated and after the deep dive of evidence. Order The above titled four appeals have been directed against one and the same Judgment therefore, these are being disposed of together through this single Judgment. 2. The brief facts forming the background of the present appeals are that Mst. Yasmin Akhtar, the appellant herein filed three suits one for dissolution of marriage and others for recovery of dower and dowry in the Court of Judge Family Court Muzaffarabad on 18.6.2003. On the other hand, the defendant-respondent herein, has also filed a suit for restitution of conjugal rights before the same Court on 21.7.2003. The trial Court consolidated all the suits vide its order dated 17.9.2003. 3. In response to the notice of the Court, the defendant-respondent appeared before the trial Court and submitted his written statements wherein he denied all the allegations leveled against him. The trial Court framed the relevant issues in the light of pleadings of the parties. After framing of issues, the appellant was directed to lead evidence in support of her…
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