Mst. SHAKEELA NAZ vs Mst — 2022 YLR 1118 LAHORE-HIGH-COURT-LAHORE

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Mst. SHAKEELA NAZ VS Mst. NAZIR BEGUM O. VI, R. 15 & S. 2(2)---Suit for partition---Defendant/petitioner in written statement contended that half portion of the suit land was given to his wife as dower by his father/predecessor in interest of the plaintiffs and defendant---Petitioner/wife of defendant/ petitioner was not initially party to suit, however, she subsequently entered into the suit and adopted the same written statement submitted by her husband---Suit was decreed---Appeal of the petitioner was accepted and case was remanded with observation that decree be treated as preliminary---Held, that omission to verify the pleadings on oath or on solemn affirmation was merely a procedural defect and the same could be rectified at any stage of the proceedings---Petitioner neither submitted written statement which was verified on oath nor appeared in the witness box so as to depose on oath in support of her version---Courts below had rightly concluded that the petitioner had failed to prove her case by leading unimpeachable evidence---Nikahnama did not bear signatures of father/ predecessor in interest of the respondents (including husband of the petitioner)---Appellate Court ordered the decree to be treated as preliminary instead of final, whereas the findings recorded by Trial Court were kept intact---Trial Court misapprehended/misconceived the judgment passed by the Appellate Court and passed decree excluding half portion of the disputed property, but actually its prior decree had attained finality---Signatures of counsel for parties were obtained on the margin of the order sheet---Petitioners had given consent to proceed with the matter as per direction of Appellate Court, so she could not take a u-turn/other stance---Revision petition was dismissed accordingly.

Mst. SHAKEELA NAZ vs Mst — 2022 YLR 1118 LAHORE-HIGH-COURT-LAHORE

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