Law:

Section:

(a) Civil Procedure Code (V of 1908)---.--- ---.--- S. 115 & O.XIII, Rr.1, 4 & 7---.---Admission of document in evidence---.---If a document was once admitted in. evidence, objection against its admission was not allowed even at appellate stage what to speak of raising objection at revisional stage. Malik Din and another v. Muhammad Aslam PLD 1969 SC 136; Abdullah and 3 others v. Abdul Karim and others PLD 1968 SC 140; Muhammad Akram v. Syed Imrao Ali Shah 1988 CLC 2228; Abdul Hamid v. Muhammad Zamir and 2 others 1990 MLD 1617 and National Bank of Pakistan v. Said Mir 1987 CLC 1103 ref. (b) Qanun e Shahadat (10 of 1984)---.--- ---.--- Art. 133---.---Non cross examining a witness---.---Effect---.---If a witness was not cross examined on facts and his statement went un-rebutted and un¬questioned, such statement could be taken as correct. Muhammad Akhtar v. Mst. Mana and 3 others 2001 SCMR 1700; Mst. Noor Jehan Begum v. Syed Mujtaba Naqvi 1990 SCMR 2300; Aminul Haq v. Abdul Wasi 2004 CLC 555 and Haji Din Muhammad through L.Rs. v.Mst, hajira Bibi PLD 2002 Pesh. 21 ref. (c) Civil Procedure Code (V of 1908)---.--- ---.--- O.VI, R.1---.---Pleadings---.---Plea not taken in pleading---.---Party could not be allowed to lead evidence about the plea which was not taken in pleadings and statement to that extent was to be ignored. Din Muhammad and others v. Sardar Muhammad Zaman 2001 SCMR 1992 and Binyamin and 3 others v. Chaudhry Hakam and another (d) Civil Procedure Code (V of 1908)---.--- ---.--- S. 115---.---Revisional jurisdiction---.---Scope---.---When Courts of competent jurisdiction had properly appreciated evidence available on record, in absence of any misreading/non reading of evidence or any material irregularity or any jurisdictional error or defect, their concurrent findings could not be interfered with by High Court in exercise of its revisional jurisdiction. THIS ORDER PASSED BY: TALAAT QAYUM QURESHI, JUSTICE:----.----- Messrs Frontier Ceramics Limited plaintiff/respondent filed suit for recovery of Rs.4,94,734/51 against the petitioner/defendant in the Court of learned Civil Judge, Peshawar. The said suit was resisted by the defendant by filing…

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