FAQIR SHAH vs Mst — 2021 YLR 803 PESHAWAR-HIGH-COURT

Case information

Citation: 2021 YLR 803 PESHAWAR-HIGH-COURT
Court: Peshawar High Court
Year: 2021
Reporter: YLR
Parties: FAQIR SHAH vs Mst
Subject matter: Criminal
Provisions referred to: S. 13---S

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

FAQIR SHAH VS Mst. BAKHT BIBI (Widow) S. 13---Suit for pre-emption---Talb-e-Mawathibat---Scope and proof---Non- production of informer---Effect---Petitioners/plaintiffs contended that non-production of informer was of no consequence as he had proved the Talbs in accordance with law---Held, that neither the informer nor anybody else, in whose presence Talb-e-Mawathibat was allegedly made, was produced as at the time of making said Talb, several persons were assembled on the return of one of the petitioners after performing Hajj---Talb-e-Mawathibat could easily be proved by production of anyone from the persons/witnesses in whose presence the Talb was made but, in the present case, except the son of one of the petitioners, no one else was produced---No reasonable or plausible explanation was given by the petitioner for non-production of the informer---Petitioners had failed to prove their case---No illegality or infirmity was found in the impugned judgments and decrees passed by both the Courts below---Revision petition was dismissed, under circumstances.

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