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BARKAT KHAN vs BANARAS KHAN Ss — 2022 PLD 15 PESHAWAR-HIGH-COURT

Case information

Citation
2022 PLD 15 PESHAWAR-HIGH-COURT
Court
Peshawar High Court
Year
2022
Reporter
PLD
Parties
BARKAT KHAN vs BANARAS KHAN Ss
Subject matter
Civil
Provisions referred to
S. 115

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

BARKAT KHAN VS BANARAS KHAN Ss. 42 & 54---Qanun-e-Shahadat (10 of 1984), Art. 64---Suit for declaration and injunction---Relationship---Proof---DNA test report---Judgments at variance---Dispute was with regard to relationship of parties with deceased owner of suit property---DNA test report declared that parties were not cousins inter se---Suit filed by respondents/plaintiffs was dismissed by Trial Court but Lower Appellate Court decreed the same---Validity---Report of DNA could not be considered as conclusive proof to establish or discard a relationship between parties as the same was highly cryptic and weak evidence---No reliance could be placed on such report, in presence of documentary and trustworthy oral evidence produced by respondents/plaintiffs---Revisional jurisdiction of High Court under S.115, C.P.C. was invoked by petitioners/defendants and the same could not be pressed into service unless it was a case of jurisdictional defect or the judgment was result of misreading or non-reading of evidence on record---Both the Courts were at variance and conclusion drawn by Lower Appellate Court was correct and based on proper appreciation of evidence produced by both the parties---Lower Appellate Court had jurisdiction to adjudicate upon the matter brought before it and judgment rendered was based on sound reasoning---High Court in exercise of revisional jurisdiction under S.115, C.P.C. declined to interfere in judgment and decree passed by Lower Appellate Court as there was no illegality was established on record---Revision was dismissed, in circumstances. Head Notes

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