Mst. AKBARI BEGUM vs Mst — 2022 PLC(CS) 1545 LAHORE-HIGH-COURT-LAHORE

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Mst. AKBARI BEGUM VS Mst. ISHRAT BANO O. XIV, R. 3---Qanun-e-Shahadat (10 of 1984), Arts. 117 & 118---Additional issues---Independent decision/findings, absence of---Pensionary benefits---Legal heirs, entitlement/share of---Suit for declaration was filed by respondents (legal heirs, i.e. widow/two children of the deceased/servant) claiming their entitlement of their respective shares in the pensionary benefits of the deceased---Additional issue regarding forgery in nikahnama was framed by the Trial Court on application of the petitioners/officials---Suit was concurrently decreed---Petitioners contended that Courts below had failed to discuss the additional issues; that in absence of the separate findings on the additional issue the impugned judgments/decrees were not tenable; that the Courts below caused prejudice by placing burden to prove the fraud with respect to the Nikahnama on the shoulders of the petitioners---Validity---Respondent claimed to be the widow of the deceased/servant which fact was denied by the petitioners---Trial Court framed issue in that regard which was comprehensive enough to cover the proposition/ dispute and wrapped ancillary question of genuineness of Nikahnama---Both parties led their respective evidences by producing witnesses and documentary evidences regarding Nikahnama---While giving final judgment, Trial Court did not mention the additional issue and rather framing of this additional issue was mentioned nowhere in the judgment---Language of the Trial Court's judgment would suggest that it had given its conscious decision as to proving /disproving of the Nikahnama after considering the same and being fully cognizant of the fact that the genuineness of Nikahnama was also in dispute---Appellate Court had also given details/sound reasons regarding the same issue---Failure to caption/reproduction of issue in the body of the judgment was barely important as long as judgment contained findings on material points in controversies, after application of judicial mind and resolution of the questions considering evidence and based on logical reasoning---Where both parties had led sufficient/relevant evidence, allocating onus of proof had no bearing---Revision petition was dismissed accordingly.

Mst. AKBARI BEGUM vs Mst — 2022 PLC(CS) 1545 LAHORE-HIGH-COURT-LAHORE

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