Law: Civil Procedure Code (V of 1908)

Section: 8

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

Section: 77,118

(a) Civil Procedure Code (V of 1908)---.--- ---.----O. I, R. 8---.---Qanun-e-Shahadat (10 of 1984), Arts. 77 & 118---.---Representative suit---.---"Serai" kind of land---.---Wajib-ul-Arz, entries of---.---Custom and convention, proof of---.---Scope---.---No application was moved under O. I, R. 8, C.P.C. with the representative suit for passing an order by the court with regard to permission to sue on behalf of the persons so interested---.---No public advertisement or personal service had been effected of all the persons through notice shown in the list annexed with the plaint in respect of plaintiffs as well as defendants which was mandatory and without the same such persons could not be considered as party to the suit---.---Persons mentioned in the list interested in the suit would be presumed that they were not served which was fatal to the case---.---Permission of the court had to be obtained in representative suit and in case of failure the same could not be termed as representative suit---.---Format of the suit was not in line with law which was fatal to the case---.---Present suit could not be termed as representative suit---.---Initial burden was on the plaintiffs to prove the existence of custom and convention who desired the court as to any legal right or liability dependent upon existence of such facts---.---Person who had asserted facts must prove the existence of the same---.---Record was silent with regard to existence of custom and convention and plaintiffs had failed to prove the same---.---Burden of proof would lie on the person who would fail if no evidence had been produced---.---Facts had to be proved in order to get relief with regard to such facts---.---Basic law of evidence could not be bypassed due to existence of any custom or convention---.---Custom and convention could not be placed at higher pedestal to the law---.---No documentary evidence was on record with regard to the fact that property situated in village on the bank of river was "Serai" kind of land---.---No one from the village had been produced to fortify the claim of plaintiffs---.---No date, time or year had been mentioned in the plaint with regard to the fact as to…

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