| Citation(s) |
|---|
| 2004 SLG 1278 2004 SLD 1278 2004 SCMR 1739 |
Supreme Court of Pakistan
Civil Petition No. 1572/L of 2003, decision dated: 23rd December, 2003.(On appeal from the judgment, dated 7-5-2003 of the Lahore High Court passed in Writ Petition No.3006 of 2003)
MUNIR A. SHEIKH, FAQIR MUHAMMAD KHOKHAR AND KARAMAT NAZIR BHANDARI, JJ
Ch. Naseer Ahmad Bhutta, Advocate Supreme Court for Petitioner.
Civil Petition No. 1572/L of 2003, decision dated: 23rd December, 2003.(On appeal from the judgment, dated 7-5-2003 of the Lahore High Court passed in Writ Petition No.3006 of 2003)
MUNIR A. SHEIKH, FAQIR MUHAMMAD KHOKHAR AND KARAMAT NAZIR BHANDARI, JJ
Ch. Naseer Ahmad Bhutta, Advocate Supreme Court for Petitioner.
Mst. ALLAH RAKHI
VS
TANVIR IQBAL and others
Law:
Section:
West Pakistan Family Courts Act (XXXV of 1964)--S. 5 & Sched.---Constitution of Pakistan (1973), Art. 185(3)---Suit for recovery of dowry articles---List of articles appended with plaint--¬Judgment of Appellate Court decreeing suit on basis of such list was set aside by High Court in Constitutional petition for being based on no evidence---Validity---Evidence produced by plaintiff consisted of her own statement---Plaintiff had not stated that such list had been prepared at the time of Rukhsati---Plaintiff had stated that she did not know as to what had been mentioned in such list---No evidence had been produced to corroborate her statement that she had been given articles of dowry--¬'Impugned was legally correct---Supreme Court dismissed petition and refused leave to appeal. JUDGMENT MUNIR A. SHEIKH, J.-------The suit filed by the petitioner for recovery of articles of dowry or in lieu the price thereof, was dismissed by the learned Judge Family Court, Sargodha through judgment, dated 1-3-2002.. In appeal filed by her, however, the First Appellate Court set aside the judgment and decree of the trial Court and decreed the suit on the basis of list of articles appended with the plaint through judgment,…
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