Law: Civil Procedure Code (V of 1908)

Section: O.1,R.22,O.XXII,R.4(4),11(1),5,O.VIII,r. 13

Law: Civil Procedure Code (V of 1908)

Section: O.1,R.22,O.XXII,R.4(4),11(1),5,O.VIII,r. 13

Law: Succession Act, 1925

Section: 276,281,295,283(2)

(a) Succession Act (XXXIX of 1925)-------Ss. 276, 281 & 295---Petition for probate---Procedure---Trial Court disregarding the substantial evidence adduced by witness of the will who had deposed that will was signed by the maker in his presence, which statement was neither shattered nor dismantled during cross-­examinaiton---Judgment passed by the Trial Court was not based on judicial considerations in circumstances. (b) Civil Procedure Code (V of 1908)--- ----O. XXII, Rr. 1 & 4---Death of plaintiff or defendant shall not cause the suit to abate if the right to sue survives---When within the time limited by law no application is made or intimation is given under R.4 sub-rule (1) of O.XXII, C.P.C., the court may proceed with the suit, and any order made or pronounced in such suit shall, notwithstanding the death of such defendant, have the same force and effect as if it had been pronounced before the death took place. (c) Civil Procedure Code (V of 1908)--- ---O. XXII, R.11---Entire Order XXII, C.P.C. has been made applicable to appeals also with slight modification and variation of the nomenclature of plaintiff and defendant as appellant and respondent. (d) Qanun-e-Shahadat (10 of 1984)--- ----Art. 133---Cross-examination---Object---If a meticulous version in evidence on a material point of fact goes unchallenged and un­rebutted, same would be deemed to have been admitted and accepted as true---Object of cross-examination is two fold i.e. to bring out desirable fact of case modifying examination-in-chief or establishing cross-examiner's own case and to impeach credit of witness---Cross-examination helps in discovery of truth and it is a skillful art to extract something in cross-examiner's favour out of the lips of his opponent---When a specific assertion made by witness in examination-­in-chief substantially relevant to the controversy not challenged by putting contrary suggestion, such assertion could be given full credit. (e) Succession Act (XXXIX of 1925)--- ---Ss. 283 & 276---Civil Procedure Code (V of 1908), O.XXII, R.5---Petition for probate---Procedure--Determination of question as to legal representative---Powers of District Judge---Scope.…

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