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

Section: 57,114

Law: Civil Procedure Code (V of 1908)

Section: 115

Qanun-e-Shahadat (10 of 1984)--- ----Arts. 57 114---Suit for recovery of money---Fact in issue / relevant fact---Estoppel, principle of---Applicability---Order by Criminal Court---Petitioner / Plaintiff sought recovery of damages and exile of respondents / defendants from village---Trial Court on the basis of an order passed by Criminal Court in the criminal proceedings against respondents / defendants for same set of facts dismissed the suit---Appeal filed by petitioner / plaintiff was also dismissed by Lower Appellate Court---Validity---Institution of suit by petitioner / plaintiff meant that he made a false statement before Criminal Court regarding forgiveness of respondents/defendants in the name of Almighty Allah---In civil suit, statement recorded by petitioner / plaintiff before Criminal Court was binding upon him under Art.114 of Qanun-e-Shahadat, 1984---Suit of petitioner / plaintiff was barred by estoppel---Presumption of genuineness was attached to statement of petitioner / plaintiff recorded by him before Criminal Court that he had forgiven respondents/ defendants without any monetary consideration--- Petitioner failed to rebut such mandatory presumption of law and fact---Suit instituted by petitioner was rightly dismissed by two Courts below, as order passed by Criminal Court was relevant in a civil case---Any , order or decree which is a fact in issue or is relevant under some other provision of Qanun-e-Shahadat, 1984, was relevant in any other civil or criminal case under Art. 57 of Qanun-e-Shahadat, 1984---High court declined to interfere in concurrent findings of facts by two courts below as the same did not suffer from any illegality---Revision was dismissed, in circumstances. Mrs. Nimmi Francis and 5 others v. Muhammad Saeed Qureshi and another 1982 CLC 1703 distinguished. Rehmat Ali Ismailia v. Khalid Mehmood 2004 SCMR 361 and Abdur Rehman v. Hamid Khan 1988 SCMR 1146 rel. JUDGMENT GUL HASSAN TAREEN, J.----The instant civil revision petition has been filed by the petitioner, under section 115, the Civil Procedure Code, 1908 (the Code), from the judgments and decrees passed by the Courts of, Civil Judge, Kingri (Trial Court) and District…

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