Law:

Section:

Civil Procedure Code (V of 1908)--- ----S. 115---Qanun-e-Shahadat (10 of 1984), Arts.117 & 118---Revision petition---Burden of proof---Revision petition had been filed against concurrent s and decrees of the courts below---Not only the Trial Court, but the Appellate Court had also attended to all the important aspects of the case; and discussed the evidence available on record---Contention of the counsel for the petitioner that as the fraud alleged by the petitioner was denied by the respondents, so the burden to prove the same was on the shoulders of the respondents, had no force, because the onus to prove a fact would rest on the shoulders of the person who raised the same and not on the opposite party---No illegality was found to warrant interference with the impugned s and decrees passed by the both the courts below which were concurrent in nature. PLD 2007 SC (AJK) 20; 2006 SCMR 1594; 2004 SCMR 1; 2007 MLD 1732; 2007 YLR 2220; 2004 CLC 950 and 2009 CLC 219 ref. ORDER ZAFAR IQBAL CHAUDHRY, J.---This Civil Revision is directed against the concurrent judgments of both the Courts below i.e. suit of the petitioner was dismissed by the learned trial Court vide judgment and decree dated 11-5-2004 and appeal filed by the petitioner was dismissed vide judgment and decree dated 22-11-2004 passed by the learned Additional District Judge, Gujrat. 2. In support of this civil revision, learned counsel for the petitioner submits that the judgment of the learned Additional District Judge is in violation to Order XLI rule 31 of the Civil Procedure Code; that the learned appellate Court did not discuss the oral as well as documentary evidence produced by the plaintiff; that the findings of the learned Additional District Judge are not issue-wise, so, the said judgment is no judgment in the eye of law; that the fraud alleged by the petitioner was denied by the respondents, so, the burden to prove the same was on the shoulders of the respondents; that there is non-reading and mis-readings of evidence by both the learned Courts below which have led to miscarriage of justice and that both the judgments of Courts below are liable to be set aside. In support of the above…

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