Law:

Section:

(a) Civil Procedure Code (V of 1908)--- ----O. VII, R. 2---Money suit---Plaintiff filed recovery suit for damages due to mental torture and agony---Suit was dismissed concurrently---Validity---Plaintiff had to prove and establish his case on the strength of his own evidence and he could not get any benefit from the shortcomings and weakness of the case of the defendant---Plaintiff, in the present suit, had claimed general damages and he was required to establish the same through cogent and reliable evidence---Mere feeling of resentment in one's mind was not sufficient to establish general damages---If a person claimed mental torture/agony then initial burden would lie upon him to lead evidence on such point---General damages were to be assessed following the 'rule of thumb' and said exercise would fall within the discretionary jurisdiction of Court which had to be decided according to facts and circumstances of each case---No illegality, irregularity or infirmity had been pointed out in the impugned s passed by the Courts below---Revision was dismissed, in circumstances. WAPDA v. Amin Ice Factory 2001 MLD 1287; Muhammad Abid v. Mst. Nasreen Yousuf and another 2004 YLR 1999; Farrukh Saeed Khan v. Anis-ur-Rehman Bhatti 2006 CLC 440 and Pattoki Ice Factory v. Revenue Officer and others 1996 CLC 1636 distinguished. Murtaza Ali v. Sabir Ali Bangash 2015 YLR 1239; Mst. Nagina Begum v. Mst. Tahzim Akhtar and others 2009 SCMR 623; Messrs Klb-e-Hyder and Company (Pvt.) Ltd., through Chief Executive v. National Bank of Pakistan through President and 3 others 2008 CLD 576; Chief Officer, District Council, Sheikhupura and 2 others v. Haji Sultan Safdar and 2 others 1999 YLR 1963; Government of Khyber Pakhtunkhwa and others v. Syed Jaffar Shah 2016 MLD 223; Mubashir Ahmad v. Syed Muhammad Shah through Legal Heirs 2011 SCMR 1009; Dr. M. Raza Zaidi v. Glaxo Wellcome Pakistan Limited, Karachi 2018 MLD 1268; Chairman, Mari Gas Co. Ltd. and 2 others v. Abdul Rehman [2017 YLR 2505; Mir Muhammad alias Miral v. Ghulam Muhammad PLD 1996 Kar. 202 and AASA v. Ibrahim 2000 CLC 500 rel. (b) Civil Procedure Code (V of 1908)--- ----S. 115---Revisional jurisdiction of High Court---Scope.…

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