Law:

Section:

(a) Qanun-e-Shahadat (10 of 1984)-------Art. 31---Civil Procedure Code (V of 1908), O.VI, R.2 & O.VIII, R.5--­Pleadings---Use of written statement, as evidence---Scope---Pleadings are not evidence by themselves---Statements made by defendant in written statement can be used as evidence in cases where such statements amount to admission of plaintiff's pleas---Such admissions can be direct or even by implication and in both cases are proof in themselves---Where defendant had failed to specifically deny any allegations of the plaint or where it was admitted even by implication, such fact being an admitted fact could be considered as part of admitted facts in circumstances. Mst. Khair-ul-Nisa and 6 others v. Malik Muhammad Ishaque and 2 others PLD 1972 SC 25; Nazir Ahmad Khan and 2 others v. Muhammad Ashraf Khan and 2 others PLD 1975 Kar. 598; Muhammad Noor Alam v. Zair Hussain and 3 others 1988 MLD 1122; Riaz Muhammad and another v. Sarwar Shah and 2 others 1991 CLC 2462; J.B. Ross & Co. v. C.R. Seriven and others AIR 1917 Cal. 269; Muhammad Siddique v. Bhupendra Narayan Roy PLD 1962 Dacca 643 and K.A.H. Ghori v. Khan Zafar Masood and another PLD 1988 Kar. 460 ref. (b) Qanun-e-Shahadat (10 of 1984)--- ----Arts. 121 & 122---Burden to prove any particular issue---Failure of plaintiff to appear in witness-box in support of his case ---Effect--­Compelling plaintiff to appear in witness-box and depose---Drawing of presumption adverse to plaintiff for not appearing in witness-box--­Validity---Such failure on the part of plaintiff is fatal when burden to prove any particular issue lies upon him and the facts are within his knowledge--­Where a witness other than plaintiff is fully aware of the facts and has brought all relevant facts successfully before the Court, defendant cannot compel the plaintiff to appear in witness-box and to depose---Court may be Justified to draw presumption adverse to plaintiff or not appearing in witness-box but it cannot be said that there is no evidence in the plaintiff's case in circumstances. (c) Civil Procedure Code (V of 1908)--- ----S. 151---Suit, consolidation of---Recording of separate evidence--­Scope---Once two suits are…

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