| Citation(s) |
|---|
| 1981 SLG 3224 = 1981 SLD 3224 = 1981 CLC 1341 |
Court of Special Judge, Karachi
Civil Suit No. 197 of 1974, decided on 8th December, 1980.
Presented By: Nasir Aslam Zahid, J
Iqbal Kazi for Plaintiffs. S. H. Kazmi for Defendants.
Civil Suit No. 197 of 1974, decided on 8th December, 1980.
Presented By: Nasir Aslam Zahid, J
Iqbal Kazi for Plaintiffs. S. H. Kazmi for Defendants.
MAHMOODAH YUSUF NIZAMI AND 6 OTHERS---Plaintiffs
VERSUS
S. HOODA AND ANOTHER-Defendants
Law: Evidence Act (I of 1872)
Section: 137, 138, 114, 6, 9
(a) Evidence Act (I of 1872) Ss. 137 & 138 --Cross-examination- --- Omission - Inference -Plaintiff neither cross-examined regarding his version of accident nor version of defendants put to him--Defendants' witnesses cross-examined regarding details of accident and case of plaintiff also put to them-Veracity of himself as regards details of accident, held, not challenged -Cross-examination of defendants witnesses about factual details of accident and putting plaintiff s case to them, held further, additional factor to conclude plaintiff's version of accident being correct. [Cross-examination--Inference]. (b) Evidence Act (I of 1872) S. 114. Illus. (g)-Document---Non-production-Inference- Defendants in their written statements and cross-examination of plaintiff relying upon F. I. R. and report of Motor Vehicle Inspector about accident-Further,…