Law: Civil Procedure Code (V of 1908)

Section: O.VII,R.3,S.33,115

Law: Civil Procedure Code (V of 1908)

Section: O.VII,R.3,S.33,115

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

Section: 59,30,34

(a) Civil Procedure Code (V of 1908)-------O. VII, R.3 & S.33---Object of O.VII, R.3, C.P.C.---Suit for declaration---Description of suit property---Plaintiff, though in his plaint had mentioned Khata number and Khasra number of suit property along with measurement, but it was nowhere disclosed that in which revenue estate the suit property situated---Effect---Basic requirement of Order VII, R.3, C.P.C. was that when subject-matter of the suit was an immovable property, the plaint would contain description of the property, sufficient to identify the same---Purpose of R.3 of Order VII, C.P.C. was that, if a decree was drawn, it should contain specific descriptions of the property, so that there could not be a confusion or hardship at the time of its execution---Court would not pass a vague decree, term of which, could not be ascertained with reasonable exactitude, which later on, could not be executed---Decree should be of such a nature that the Executing Court should execute the same, without going beyond it or making its own interpretation. (b) Civil Procedure Code (V of 1908)--- ----S. 115---Revisional jurisdiction of High Court---Scope---When questions involved in the case required evidence, same need not be dilated upon by High Court, lest it could prejudice the case of either side---Relevant facts, were to be considered at the time of final adjudication of the case. (c) Qanun-e-Shahadat (10 of 1984)--- ----Art. 59---Expert opinion as an evidence---Scope---Report of expert was a circumstantial evidence, which in absence of direct evidence, was a weak type of evidence, unless same was corroborated by other strong piece of evidence---If the expert was not examined in the court to substantiate his report; or offered himself for cross-examination, his report would lose its efficacy---Expert opinion, therefore, was a weak type of evidence, which could not be relied upon for determination of the rights of the parties, in absence of any other corroborative piece of evidence. Allah Dino and 2 others' case 1974 SCMR 311 and Syed Muhammad Umar Shah's case 2004 SCMR 1859 rel. (d) Qanun-e-Shahadat (10 of 1984)--- ----Arts. 30 & 34---Admission---Binding force of…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492