Law: Specific Relief Act, 1877

Section: 39

Specific Relief Act, 1877 (I of 1877)-- ----S. 39--Suit for cancellation of mutation entries was concurrently dismissed--Proper consideration of evidence by Court--Plea of pardanasheen lady was not taken by appellants in any Court below--No claim for exemption for her personal appearance--Challenge to--All Courts below properly considered entire evidence led by parties in trial Court--Appellants also failed to prove that they never appeared before concerned office and authority for mutation of land in question--Appellants have not taken any plea in plaint, memo. of appeal or Revision Application filed in High Court that Mst. Shamim was a pardanashin or illiterate lady nor has any such plea been taken in instant Civil Appeal, except that mutation was recorded fraudulently--Neither she appeared in trial Court for recording her evidence nor claimed any exemption from her personal appearance in Court being a pardanashin lady--If any plea of pardanashin is properly taken then Court may on its own motion appoint Commission for recording evidence to adjudicate whether deal or transaction of any property entered into in her name was by her free will or through duress, fraud or emotional blackmailing of male members of family with sole intention to deprive her right and interest--Appeal dismissed. [Pp. 158, 159 , 167] A, B, C , H PardaNasheen Lady-- ----A woman who heeded stringent and unyielding canons and ethics of seclusion and privacy and according to customs may object to show up in a public office or have no communication except behind screen with any male person save as near relatives. [P. 159] D Function of Court-- ----Function of Court is to do substantial justice between parties after providing ample opportunity of hearing which is one of significant components and virtues of fair trial. [P. 164] E Maxim-- ----Ubi jus, ibiremedium--The well-known Latin maxim Ubi jus, ibiremedium, means where there is a right, there is a remedy which is a universal and incontrovertible rule. [P. 164] F Civil Procedure Code, 1908 (V of 1908)-- ----S. 132--Privilege of exemption--Appointment of Commission--Court may appoint commission to record evidence of pardanashin lady. [P.…

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