Law:

Section:

(a) Qanun-e-Shahadat (10 of 1984)--- ----Art. 59---Civil Procedure Code (V of 1908), S.115---Opinion of finger-print expert taken on file without objection---Objection to mode of proof at revisional stage---Competency---Opinion of finger-print expert was taken on file by Trial Court without any objection having been raised about its mode of proof---Neither in lower Appellate Court nor in grounds of revision objection about improper admission of opinion of finger-print expert in evidence was taken---Defendant in default of clear objection at appropriate time was precluded from objecting to mode of proof regarding admission of opinion of expert or his examination on commission in revision. Chhajju v. Ayyub Ahmad AIR 1915 All. 112; Wadhawa v. Jai Kishan Das AIR 1928 Lah. 427(1); Ram Autar Shukul v. Baldeo Shukul AIR 1932 Pat. 352; Bhoore Singh and others v. Karan Singh AIR 1935 All. 142; Perumal Muda6ar v. South Indian Railway Co. Ltd. AIR 1937 Mad. 407; Coral Indira Consalves v. Joseph Prabhakar Iswariah AIR 1953 Mad. 858; Parwat Vedu Patil and another v. Sukdev Shivram Patil AIR 1956 Bom. 617; Bommidala Poornaish v. The Union of India AIR 1967 Andh. Pra. 338 and Allah Dino and 2 others v. Muhammad Umar and 2 others 1974 SCMR 411 ref. Dil Muhammad and another v. Sain Das and others AIR 1927 Lah. 396 and Karam Din v. Ata Muhammad AIR 1934 Lah. 230 ref. (b) Civil Procedure Code (V of 1908)--- ----S. 115---Revision--.-Findings of Courts below on credibility of witnesses for their being relied upon could not be questioned and asserted that it was wrongly done. (c) Civil Procedure Code (V of 1908)--- ----S. 115---Revision---Consent decree found to be based on fraud, was rightly set aside by Courts below---Fraud and impersonation for setting aside of consent decree were subsequent to and not antecedent to institution of suit; there being no allegation that suit itself was grounded on fraud---Upon removal of consent decree from record, original suit ought to revive for its trial on merits in accordance with law. JUDGMENT This is an application in revision against the judgment and decree of learned Additional District Judge, Sargodha, dismissing appeal against a decree…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492