Law:

Section:

Evidence Act (I of 1872)--- --- Ss. 102 & 103-Civil Procedure Code (V of 1908). S. 96-Burden of proof-Appeal- Findings of fact interference with-Petitioners resisting plaintiffs claim to property of her husband on ground ref her having been divorced-Marriage of plaintiff'' with propositus having been admitted onus to prose factum of divorce held, lay on Petitioners -- Trial Court having wrongly pled onus upon plaintiff, approach to case vitiated and affected appraisement of evidence Sufficient balance of improbability also exercising to displace trial Court's finding as to truth of oral evidence accepted by it­ Dictum that where direct conflict of oral evidence of parties exists and no documentary evidence clearly affirms one View or contradicts other acid sufficient balance of improbability does not exist to displace trial Judge's finding as to truth of oral evidence, appellate Court should not interfere with finding of fact of trial Court, held determined by the first appellate Court Circumstances and question of onus being correctly evidence by lust appellate Court not difficult to accept plaintiff's evidence in reference to defendant's.-,Burden of proof -Appeal. W. C. Macdonald v. Fred Latimer A I R 1929 P C 15 held or applicable. ORDER SALAHUUDIN AHMED, J.-This petition arises out of a suit by respondent Mst. Gohar Bano against the petitioners for possession of I/16th share of the property left by Nawab Khan, claimed to be the plaintiff's husband. The petitioners are the widow and children of the propositus, and they resisted the claim of the plaintiff on tile ground that she had been divorced by Nawab. The trial Court wrongly put the onus upon the plaintiff to prove that she was a widow of Nawab Khan, and ultimately dismissed the suit, The plaintiff -respondent appealed and the learned District Judge allowed the appeal and reversed the finding of the trial Court. It was held that the marriage of the plaintiff with the said Nawab Khan having been admitted it was for the defendants who set up the plea of divorce to prove it. There was no document in support of the alleged divorce. The learned District Judge upon a scrutiny of the evidence preferred to…

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