| Citation(s) |
|---|
| 1993 SLG 820 1993 SLD 820 1993 SCMR 1947 |
Supreme Court of Pakistan
Civil Appeals Nos. 1038 and 1039 of 1990, decision dated: 29-11-1992
ABDUL SHAKURUL SALAM AND MUHAMMAD RAFIQ TARAR, JJ
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Civil Appeals Nos. 1038 and 1039 of 1990, decision dated: 29-11-1992
ABDUL SHAKURUL SALAM AND MUHAMMAD RAFIQ TARAR, JJ
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HABIB BANK LTD., BAHAWALPUR
Syed FAKAR HUSSAIN SHAH and 7 others
Law:
Section:
Constitution of Pakistan (1973)--Art. 185---Appeal to Supreme Court---Concurrent findings of fact ---Na good ground was shown to interfere in the concurrent findings of fact recorded by three Courts below--- Adverse remarks and initiation of criminal `proceedings against plaintiff's witnesses by the High Court, however, were not justifiable and borne out from the findings of Court below---Opening of separate files on criminal side against witnesses named by High Court did not seem to be a justifiable act---Appeal was dismissed but adverse remarks and action proposed to be taken against plaintiff's witnesses by the High Court was however, set aside. JUDGMENT ABDUL SHAKURUL SALAM, J .-- This order will dispose of two Civil Appeals by leave bearing No. 1038/90 and 1039/90. 1. The appellant filed two suits for recovery of the amounts alleged to have been advanced as loan to the respondents. After the trial, the suits were dismissed by the learned Civil Judge, Bahawalpur vide judgment and decree dated 22-3-1982. The appellant filed two appeals which were dismissed by the learned Additional District. Judge, Bahawalpur vide judgments and decrees dated 4-6-1085 The appellant then filed two civil revisions in the Lahore High Court, both of which were dismissed in amine by a learned fudge who further observed that "Before parting with the judgment I feel constrained to observe that despite its finding that the forged documents were produced in evidence by the petitioner-Bank and the witnesses namely Fakhar-e-Alam, Safdar Salim, Asad Raza Gardezi and Mukhtar Ali had not given true evidence, the trial Court had not taken any action against them. The office will open separate file on criminal side, original side and place the same before me for necessary order.;" This…
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