Law:

Section:

(a) Qanun-e-Shahadat (10 of 1984)--Art. 59---Opinion of expert---Value---Person who had written the disputed deed claimed that he had signed and written the deed in question---When the expert was produced, to depose in respect of such disputed document, Court was not to take the responsibility of comparing the writing of said person with that of the disputed document---Opposite-party, however, could request the Court for sending the disputed document for comparing the writings to another expert.--­[Evidence]. (b) Civil Procedure Code (V of 1908)--- ----S. 100---Second appeal---Assessment of evidence---Scope---Where the First Appellate Court had assessed the evidence produced by the parties before the Trial Court, Second Appellate Court ought not to have assessed the same evidence---Scope of reassessment of the evidence was limited in second appeal unless it was the case of non-reading/misreading---Where there was no infirmity with the assessment and conclusion made by the First Appellate Court, Second Appellate Court would misuse its jurisdiction if it reassesses the evidence. PLD 1989 Kar. 102; 1981 SCMR 1233; 1982 SCMR 284; AIR 1930 Nag. 37; AIR 1923 Lah. 695; PLD 1969 SC 617; PLD 1981 SC 302; PLD 1982 SC 465; PLD 1975 SC 295; PLD 1958 Lah. 747; 1968 SCMR 1126; PLD 1976 SC 53; PLD 1990 SC 359 and PLD 1978 SC 279 ref. Per Ajmal Mian, J.--- (c) Civil Procedure Code (V of 1908)--- ----S. 100---Second appeal---Concurrent findings of fact or finding of fact recorded at variance by the First Appellate Court---Interference by Second Appellate Court---Scope. Second Appellate Court normally would not interfere with a concurrent finding of fact or even with a finding of fact recorded by First Appellate Court based on proper appraisal and evaluation' of evidence and founded on proper inferences drawn from it. However, if the concurrent finding is based on misreading of evidence or if material evidence was ignored by the two Courts below or is founded on wrong inferences drawn on material legal issues, the Second Appellate Court is competent to interfere with a concurrent finding of fact. The same will be equally applicable with more force to a finding of fact. recorded…

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