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

Section: 42

Law: Specific Relief Act (I of 1877)

Section:

Law: Civil Procedure Code (V of 1908)

Section:

Qanun-e-Shahadat (10 of 1984)--- ----Art. 117---Onus to prove---Whoever alleges existence of a particular fact must prove the same. Qanun-e-Shahadat (10 of 1984)--- ----Art. 2(4)---Standard of proof required in criminal end civil cases---Standard of proof generally required in criminal cases is that it should be beyond all reasonable doubt while in civil cases proof would be on balance of probabilities. Joseph Constantine Steamship Line v. Imperial Smelting Corporation Ltd. 1942 AC 154; A Practical Approaqqh to Eevidence by Murphy, 3rd Edn., Specific Relief Act (I of 1877)--- . ----S. 42---Qanun-e-Shahadat (10 of 1984), Art.117---Suit for declaration, injunction and damages ---Burden of proof to establish trespass on plaintiff's `4 property squarely rested upon plaintiffs which they had failed to discharge-- Such being the basic issue it remained unproved even on balance of probabilities as the very line of demarcation between the two tenements i.e., belonging to plaintiffs and defendant could not be proved or established by plaintiffs-- Plaintiffs, thus, failed to discharge burden placed upon them by not producing necessary quality of evidence requisite to meet standard of proof on balance of probabilities.   Civil Procedure Code (V of 1908)--- ----0. XVIII, R.18---Plaintiff's application under OXVIII, R.18, C.P.C. for inspection of site---No order was passed on such application---Application in question, having been submitted after final arguments were addressed on main suit, presumption was that, in absence of any specific request by plaintiffs, such interlocutory application was abandoned as not pressed.   C.P. No.S-15 of 1982; Kamran Industries v. Collector of Customs and others PLD 1996 Kar. 68; Abid Hussain v. Mst: Afsar Jehan Begum PLD 1973 SC 1; High Court Rules and Order (Lahore) Vo1.V, Chap.3-B, R.1; London Assurance Co. Ltd. v, Aini Amin Nizami and 6 others PLD 1982 Kar. 841 ref. Khalilur Rehman for Appellants. Respondent in person. Date of hearing: 23rd April,- 1996. ORDER . DR. GHOUS MUHAMMAD, J.---The instant High Court Appeal was heard on 23rd April, 1996 when, for reasons to be recorded later, on the same was dismissed in…