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

Section: 117,120

Law: Specific Relief Act, 1877

Section: 42

Law: Criminal Procedure Code (V of 1898)

Section: 115

(a) Qanun-e-Shahadat (10 of 1984)--- ----Arts. 117 120---Plaint---Onus to prove---Scope---Statutory obligation of plaintiff to prove his own case on the basis of his own evidence---Plaintiff cannot deserve any benefit from lapses or weaknesses of defendants case. Muhammad Latif v. Bashir Ahmed and others 2004 CLC 1010; Abdul Waheed v. Muhammad Bilal PLD 2005 Pesh. 19 and General Manager, Azad Kashmir Logging Sawmills Corporation Muzaffarabad v. Abdul Rehman and 2 others 2013 CLC 1473 rel. (b) Specific Relief Act (I of 1877)--- ----S. 42---Civil Procedure Code (V of 1908), S. 115---Suit for declaration---Revisional jurisdiction of High Court---Scope---Concurrent findings of two Courts below---Substituting of findings---Petitioners/plaintiffs were aggrieved of s and decrees passed by two Courts below dismissing their suit and appeal respectively--- Validity--- Two Courts below concurrently recorded their findings of facts and law, which were in accordance with available evidence of parties---Findings of two Courts did not suffer from misreading or non-reading of evidence, nor the same suffered from any illegality or material irregularity, warranting interference of High Court in revisional jurisdiction under S.115, C.P.C.---Revisional Court could not substitute findings of Courts below with its own merely for the reason that its findings were more plausible than that of the Courts below---High Court declined to interfere in s and decrees passed by two Courts below, as the same were neither result of misreading or non-reading of evidence nor petitioners / plaintiffs could point out any jurisdictional defect or material irregularities---Revision was dismissed in circumstances. Nawab Khan and others v. Said Karim Khan and others 1997 SCMR 1840; Mazloom Hussain v. Abid Hussain and 4 others PLD 2008 SC 571; Haji Allah Bakhsh v. Abdullah Khan and 4 others 2001 SCMR 363; Shamshad v. Arif Ashraf Khan and others 2010 SCMR 473; Muhammad Rasheed v. Mst. Saeeda Bano and 4 others 2014 CLC 990; Nasir Ali v. Muhammad Asghar 2022 SCMR 1054; Salamat Ali and others v. Muhammad Din and others PLD 2022 SC 353; Muhammad Sarwar and others v. Hashmal Khan and others PLD 2022 SC 13;…

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