| Citation(s) |
|---|
| 1983 SLG 679 1983 SLD 679 = 1983 PLD 110 |
Regular First Appeal No. 19 of 1981, decided on 23rd May, 1983.
Before Muftakhiruddin, J
Ehsan-ul-Haq for Appellants. Basharatullah for
Respondent No. 1. Khursheed Ahmad (absent) for
Respondent No. 2. Dates of hearing : 9th, 16th, 23rd and 30th April, 1983..
Mst. RASHIDA BEGUM AND 4 OTHERS--Defendants-Appellants
VERSUS
SHAHBUDDIN AND ANOTHER-Plaintiffs-Respondents
Law: Evidence Act, (1 of 1872)
Section: 115
Evidence Act (I of 1872)-
--- S. 115-Estoppel, doctrine of-Plaintiff can succeed on strength of his own case and for that he has to first allege fact and substantiate same by evidence or establish circumstances from which reasonable inference in his favour can be drawn-Doctrine of estoppel can be applied in case it is found that person by his unambiguous and unequivocal declaration, act or omission intentionally caused or permitted another to believe thing to be true and to act upon such belief-No case of estoppel having been set up in pleading, held, same cannot be allowed to be put forward at hearing-[Commerce Bank Ltd. v. Habib Bakhsh P L D 1978 Quetta 45 ; Sarsher All v. Roberts Cottan Association Ltd. and another P L D 1963 S C 244 and Moosa Bhoy v. Kristia,A I R 1952 Hyd. 79 held not applicable].-[Estoppel].