MIRAJ BIBI vs AKBAR KHAN arts — 2021 PLD 159 PESHAWAR-HIGH-COURT

Case information

Citation: 2021 PLD 159 PESHAWAR-HIGH-COURT
Court: Peshawar High Court
Year: 2021
Reporter: PLD
Parties: MIRAJ BIBI vs AKBAR KHAN arts

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

MIRAJ BIBI VS AKBAR KHAN arts. 117 & 118---Burden of proof---On whom burden of proof lies---Scope---Initial burden to prove a claim is on the party seeking the aid of the Court, but this 'onus of proof' shifts and oscillates---Once the parties have adduced their respective evidence in support of their claims, then it is 'preponderance of evidence', which rules the scale of relief---Such is only when the Court deciding the lis is unable to decide the matter on the evidence produced by the parties, that the significance of onus of proof would be revived and govern the decision.

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