Law:

Section:

(a) Civil Procedure Code (V of 1908)--- ----O. VII, R. 2, O. VI, R. 4 & O. XVIII---Qanun-e-Shahadat (10 of 1984), Arts.70, 72 & 130---Suit for recovery---Pleadings--Necessary particulars and details not set in plaint---Examination of witnesses---Burden of proof---Proof of facts by oral evidence---Order of production and examination of witnesses---Plaintiff filed suit for recovery claiming that defendant had damaged his crops, which was dismissed by Trial Court; whereas, appellate court decreed the same---Validity---Plaintiff had neither mentioned time nor names of persons who witnessed the occurrence, to prove as to when and before whom the defendants had damaged his crop---Registration number of tractor, whereby the crops were alleged to have been damaged by ploughing, was also not mentioned in the plaint---Plaintiff himself and his son alone had appeared as witnesses, and no independent witness had been produced by plaintiff to substantiate his version---Contradiction on major points were apparent in statements of plaintiff witnesses, and the same were lacking necessary details---Onus probandi was on plaintiff to prove his case positively, but he had failed to discharge the same by not producing convincing and independent evidence---Plaintiff could not benefit from weaknesses of the case of defendant---Question of disproof or rebuttal would come only when plaintiff had established his case through positive evidence; and, when plaintiff had failed to prove his case, then defendant was not obliged to lead any evidence---Appellate court, discarding the reason recorded by Trial Court, had passed impugned and decree on erroneous premises---High Court, setting aside and decree of appellate court, restored that of trial court---Revision petition was accepted in circumstances. (b) Civil Procedure Code (V of 1908)--- ----O. XVIII---Qanun-e-Shahadat (10 of 1984), Arts.130 & 72---Examination of witnesses---Order of production and examination of witnesses---Burden of proof---Question of disproof or rebuttal would come only when plaintiff has established his case through positive evidence; and, when plaintiff has failed to prove his case, then defendant is not…

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