| Citation(s) |
|---|
| 1980 SLG 3326 = 1980 SLD 3326 = 1980 CLC 1533 |
Azad J. & K
Civil Appeal No. 6 of 1978, decided on 21st November, 1979. (On appeal from the judgment and decree of the High Court dated 27th December, 1975 in Civil Appeal No. 44 of 197.5).
Presented By: Raja Muhammad Khurshid Khan and Malik Muhammad Aslam Khan, JJ
Ch. Mohammad Taj, Advocate for Appellant. Qazi Abdul Ghafoor, Advocate for
Respondents.
Civil Appeal No. 6 of 1978, decided on 21st November, 1979. (On appeal from the judgment and decree of the High Court dated 27th December, 1975 in Civil Appeal No. 44 of 197.5).
Presented By: Raja Muhammad Khurshid Khan and Malik Muhammad Aslam Khan, JJ
Ch. Mohammad Taj, Advocate for Appellant. Qazi Abdul Ghafoor, Advocate for
Respondents.
BAHADON-Appellant
VERSUS
PHATTI AND 2 OTHERS-Respondents
Law: Azad Jammu and Kashmir Interim Constitution Act, 1974
Section: 7 (2) (a)
Law: Civil Procedure Code (V of 1908)
Section: 100, O. XV. r. 3
(a) Azad Jammu & Kashmir Judicial Board (Constitution of Jurisdiction) Act (XX of 1974) S. 7 (2) (a)Appeal relating to property valuing Rs. 5,000 or moreCompetent as of right before Judicial Board[Jurisdiction]. (b) Civil Procedure Code (V of 1908) S. 100Second appeal Concurrent findings of factDuty of High CourtConcurrent findings of fact ordinarily not to be lightly interfered with in second appeal before High CourtFindings if however patently perverse for misreading or nonreading of evidence, High Court bound in duty to vacate such a finding. [Finding of fact]. P L D 1954 Lah. 614 ref. (c) Civil Procedure Code (V of 1908) S. 100Second appealDetermination of issue of factHigh Court; duty ofHigh Court finding lower Courts having omitted to consider certain items of evidence in determining issue of fact Imperative for High Court to determine such issue having regard to evidence on record, including items of evidence omitted to be considered by Court of first appeal. (d) Civil Procedure Code (V of 1908) O. XV. r. 3 Issues and not pleadings guide parties in adducing evidenceIssues and pleadingsEvidence, held, required in support of issues as framed and not pleadings. (e) Civil Procedure Code (V of 1908) S. 100Second appealBest evidence, failure to produce Person in best position to depose about a fact failing to .put himself into witnessbox he invites rigor of adverse inference about authenticity of his case No such inference however permissible if case stands proved otherwise through evidence of other witnesses. [Evidence). (f) Counsel and client AdmissionPleader's general power to conduct case.Includes power to make admission on a question of factAction of pleader, authorized to act on behalf of his client, must necessarily be in proper conduct of caseConcession erroneously made by AdvocateHeld, does not bind his client. P L D 1958 Kar. 458 ref. …