QASIM ALI vs MANZOORAN BIBI Ss — 2022 MLD 1013 LAHORE-HIGH-COURT-LAHORE

Case information

Citation: 2022 MLD 1013 LAHORE-HIGH-COURT-LAHORE
Court: Lahore High Court
Year: 2022
Reporter: MLD
Parties: QASIM ALI vs MANZOORAN BIBI Ss
Subject matter: Civil
Provisions referred to: Civil Procedure Code (V of 1908)

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

QASIM ALI VS MANZOORAN BIBI Ss.42 & 54---Qanun-e-Shahadat (10 of 1984), Art.129---Civil Procedure Code (V of 1908), O.I, R.10---Suit for declaration and injunction---Mutation, assailing of---Revenue authorities, non-impleading of---Official acts---Presumption---Petitioners/plaintiffs assailed mutations of gift made in favour of respondents/defendants on the plea of fraud and collusion of revenue officials---Trial Court decreed the suit in favour of petitioners/plaintiffs but Lower Appellate Court reversed the findings and dismissed the suit---Validity---Non-impleadment of revenue officials and revenue authorities hierarchy in suit filed by petitioners/plaintiffs was fatal to their case--- Presumption of regularity was attached to official documents and Register of Rights and copy of Daily Diary which were official documents and had presumption of regularity attached with them---Such presumption was not even remotely rebutted and the documents were rightly relied upon by Lower Appellate Court as establishing factum of gift---Rapat Roznamcha (Report of Daily Diary) and Register carrying entries in Record of Rights carried presumption of truth and were rightly relied upon by Lower Appellate Court--- High Court declined to interfere in judgment and decree passed by Lower Appellate Court--- Revision was dismissed, in circumstances.

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