Citation Name: 2023 CLC 1518 PESHAWAR-HIGH-COURTBookmark this Case Mst. ADALAT BIBI vs Mst

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Citation Name: 2023 CLC 1518 PESHAWAR-HIGH-COURTBookmark this Case Mst. ADALAT BIBI VS Mst. SOCHA BIBI arts. 59, 72 & 117---Specific Relief act (I of 1877), Ss.42 & 39---Suit for declaration for share in legacy of father and cancellation of document---Expert's opinion---Scope---Document, genuineness of---Proof---Direct evidence---Deed (Tamleek Deed/Hiba Nama) was allegedly executed by the plaintiff in favour of defendants---Civil Court allowed an application, moved by the defendants, for sending the deed to Forensic Science Laboratory (FSL) for comparison of thumb impression of the plaintiff---appellate Court maintained the order of the Civil Court---Objection of the petitioner/plaintiff was that respondents/defendants were required to establish the authenticity of the deed through direct evidence---Held, that the objection of the petitioner/plaintiff was misconceived as it was the direct evidence as well as confirmatory evidence or any other material/evidence which could help the Court in reaching correct decision---No interference was made out in impugned orders and judgments passed by both the Courts below---Constitutional petition was dismissed, in circumstances. Citation Name: 2023 CLC 1518 PESHAWAR-HIGH-COURTBookmark this Case Mst. ADALAT BIBI VS Mst. SOCHA BIBI Ss.42 & 39---Constitution of Pakistan, Art.199---Qanun-e-Shahadat (10 of 1984), Arts. 59, 72 & 117---Suit for declaration for share in legacy of father and cancellation of document---Tamleek Deed/Hiba Nama ('the deed')---Writ of certiorari, issuance of---Scope---Authenticity and genuineness of document---Proof---Direct evidence ---Deed was allegedly executed by the plaintiff in favour of defendants---Civil Court allowed an application, moved by the defendants, for sending the deed to Forensic Science Laboratory (FSL) for comparison of thumb impression of the plaintiff---Appellate Court maintained the order of the Civil Court---Petitioner/plaintiff invoked constitutional jurisdiction of the High Court contending that respondents/defendants were required to establish the authenticity of the deed through direct evidence---Validity---Petitioner/plaintiff, for issuance of writ of certiorari to declare the impugned orders and judgments of Courts below as illegal or unlawful, was bound to establish that the Courts had exceeded their jurisdiction or they had not properly exercised their jurisdiction or they were not having jurisdiction, however, she could not point out any such legally recognized ground for issuance of the desired writ of certiorari---No interference was made out in impugned orders and judgments passed by both the Courts below---Constitutional petition was dismissed, in circumstances.

Citation Name: 2023 CLC 1518 PESHAWAR-HIGH-COURTBookmark this Case Mst. ADALAT BIBI vs Mst — 2023 CLC 1518 PESHAWAR-HIGH-COURT

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