Law:

Section:

(a) Civil Procedure Code (V of 1908)--S.115(1)(a)(b)(c)---Revision---Jurisdiction of High Court ---Conditions--­Petitioner was legally obliged to make out a case for exercise of its jurisdiction by the High Court and was burdened to prove that either the appellate forum was not possessed of the jurisdiction to decide the matter as same had done or that the said forum had declined to exercise jurisdiction, vested in it or that it had acted in the exercise of its jurisdiction illegally or with material irregularity---Absence of any of the three conditions forthcoming in a given case, revisional forum could ill-afford to reverse the findings of the appellate forum. Muhammad Bakhsh v. Muhammad Ali 1984 SCMR 504 fol. (b) Muhammadan Law--- ---- Limitation Act (IX of 1908), Art.120---Gift---Limitation---Execution of gift being doubtful, such fact was sufficient to take the case of gift out of the purview of the period of limitation prescribed under Art-120, Limitation Act, 1908. (c) Qanun-e-Shahadat (10 of 1984)--- ----Arts.118 & 119---Gift---Validity---Burden of proof---Alleged donee had failed to discharge burden of proof on him to establish a valid gift by not entering the witness-box---Revenue officer who allegedly attested the mutation of gift was not produced which was conspicuous to tell a lot about the nature of the alleged transaction of gift---High Court after considering the peculiar circumstances of the case had rightly found the gift to be doubtful. Ghulam Ali v. Ghulam Sarwar Naqvi PLD 1990 SC 1 rel. Muhammad Yar v. Qaim Khatoon 1989 CLC 1737; Noor Muhammad v. Mst. Karim Bibi PLD 1959 (W,P.) Lah. 932; Hakam Khan v. Nazir Ahmad Lugomani 1990 MLD 89; Maqbool Ahmad v. Hakoomat-e-­Pakistan 1991 SCMR 2063; Ghulam Haider v. Sooban Bibi and others 1986 MLD 1952; Muhammad v. Mst. Rehmon through Mst. Sharifan Bibi 1998 SCMR 1354; Shamshad Ali Shah and others v. Syed Hassan Shah and others PLD 1964 SC 143 and Muhammad Bakhsh v. Muhammad Ali 1984 SCMR 504 ref. Ch. Mushtaq Ahmad Khan, Senior Advocate Supreme Court with M.S. Khattak, Advocate-on-Record for Petitioners. Gul Zarin Kiyani, Advocate Supreme Court for Respondent No. 1. Nemo for Respondents Nos.2 to…

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