Law: Civil Procedure Code (V of 1908)

Section: 7,100

(a) Gift --- ----Proof---Essential ingredients---Basic ingredients for a valid gift are, offer, acceptance and delivery of possession. Bilal Hussain Shah and another v. Dilawar Shah PLD 2018 SC 698 and Khalid Hussain and others v. Nazir Ahmad and others 2021 SCMR 1986 ref. (b) Gift--- ----Proof---Essential ingredients to prove the oral gift missing---Perusal of the plaint reveled that it did not provide description of making of offer and acceptance of the same by the plaintiff/alleged donee as well as names of witnesses, in whose presence such transaction took place, which were necessary to be pleaded and proved---Furthermore, submission of contesting written statement on behalf of the alleged donor along with the other defendants negating the making of alleged oral gift as well as execution of acknowledgment deed put a heavy burden upon the plaintiff/alleged done to prove the same by producing strong and unimpeachable evidence but he miserably failed to do so---In addition to this, the alleged oral gift was with regards to 8-Kanals 12-Sq.Ft. of the land but the acknowledgment deed of the gift mentioned only 8-Kanals---Moreover, the possession of the disputed property was also not with the alleged plaintiff/alleged donee---Appeal was allowed and suit filed by plaintiff/alleged donee was dismissed. (c) Civil Procedure Code (V of 1908)--- ----O.VI, R.7---Pleadings, departure from---Party cannot lead any evidence beyond its pleadings. Zulfiqar and others v. Shahdat Khan PLD 2007 SC 582; Muhammad Nawaz alias Nawaza and others v. Member Judicial Board of Revenue and others 2014 SCMR 914; Combined Investment (Pvt.) Limited v. Wali Bhai and others PLD 2016 SC 730 and Saddaruddin (since deceased) through LRs. v. Sultan Khan (since deceased) through LRs and others 2021 SCMR 642 ref. (d) Civil Procedure Code (V of 1908)--- ----O.VI, R.7---Gift---Proof---Alleged witnesses to the oral gift not pleaded in the plaint---Names of two witnesses of the alleged gift deposed during evidence would be considered beyond pleadings---Even otherwise, in the present case the said two witnesses had not been produced in the witness box and it had been deposed that both of them had expired…

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