Citation Name: 2023 CLC 2082 PESHAWAR-HIGH-COURTBookmark this Case GHULAM HUSSAIN vs GHULAM HASSAN S

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Citation Name: 2023 CLC 2082 PESHAWAR-HIGH-COURTBookmark this Case GHULAM HUSSAIN VS GHULAM HASSAN S. 115---Revisional jurisdiction---Scope---Ordinarily the revisional court would not interfere in the concurrent findings of fact recorded by the first two courts of fact but where there is misreading and non-reading of evidence on the record which is conspicuous, the revisional court shall interfere and can upset the concurrent findings, as well as where there is an error in the exercise of jurisdiction by the courts below and/or where the court has acted in the exercise of its jurisdiction illegally or with material irregularity. Citation Name: 2023 CLC 2082 PESHAWAR-HIGH-COURTBookmark this Case GHULAM HUSSAIN VS GHULAM HASSAN S. 19---Qanun-e-Shahadat (10 of 1984), Art. 118---Plea of fraud and misrepresentation---Burden of proof---Burden of proving fraud lies on the party alleging it---Fraud and forgery must be proved by producing unimpeachable, impartial and confidence-inspiring evidence---Mere allegations in the pleadings cannot take place of proof required under the law. Citation Name: 2023 CLC 2082 PESHAWAR-HIGH-COURTBookmark this Case GHULAM HUSSAIN VS GHULAM HASSAN S. 19---Qanun-e-Shahadat (10 of 1984), Art. 118---Plea of fraud and misrepresentation---Proof---Fraud has to be asserted with clarity and has to be proved as a fact. Citation Name: 2023 CLC 2082 PESHAWAR-HIGH-COURTBookmark this Case GHULAM HUSSAIN VS GHULAM HASSAN S.19---Qanun-e-Shahadat (10 of 1984), Art. 118---Civil Procedure Code (V of 1908), O.VI, R.4---Plea of fraud and misrepresentation---Onus to prove---If a person charges another with fraud or misrepresentation, it is incumbent upon him to substantiate his allegations by making a statement on oath and by giving the other party an opportunity to cross-examine him---Pleadings of the parties are not evidence, and facts alleged in the pleadings must be proved through evidence adduced by or on behalf of the party who had claimed the existence of such facts---Mere averments and pleadings are of no value and cannot be relied upon unless proved through cogent evidence. Citation Name: 2023 CLC 2082 PESHAWAR-HIGH-COURTBookmark this Case GHULAM HUSSAIN VS GHULAM HASSAN 'Secundum allegata et probata'---Scope---Plaintiff can succeed only by what he has alleged and proved. Citation Name: 2023 CLC 2082 PESHAWAR-HIGH-COURTBookmark this Case GHULAM HUSSAIN VS GHULAM HASSAN S. 3---Dismissal of suits instituted after period of limitation---Scope---Law of limitation is harsh law and the court cannot award any relaxation in this regard unless provided by the statute itself---Passage of time sets the law of limitation in operation. Citation Name: 2023 CLC 2082 PESHAWAR-HIGH-COURTBookmark this Case GHULAM HUSSAIN VS GHULAM HASSAN S. 42---Limitation Act (IX of 1908), Art. 120---Civil Procedure Code (V of 1908), O. VI, R. 4---Qanun-e-Shahadat (10 of 1984), Art. 100---Suit for declaration---Limitation---Particulars to be given where necessary---Presumption as to documents thirty years old---Scope---Plaintiffs instituted a declaratory suit in 2012 wherein they challenged the authenticity of mutations entered and attested in the year 1950 by alleging the same as fraudulent---Validity---Presumption of truth was attached to the record of the year 1950 and legality of more than 60 years' old record could not be questioned on the basis of oral contention of the plaintiffs---Predecessor of plaintiffs had died somewhere in 1980-81 and she had not challenged the revenue entries during her lifetime, therefore, plaintiffs had no locus standi to challenge the same and there was nothing on record to indicate as to why they had not challenged the entries or inheritance mutations---Suit was hopelessly time-barred as the plaintiffs despite having knowledge did not file the suit within time---Plaintiffs had alleged fraud in the attestation of impugned mutations in their plaint, yet no particulars of fraud, required to be mentioned in the plaint in accordance with O.VI, R.4, C.P.C., were given---Impugned judgments and decrees were set aside and the suit of the plaintiffs was dismissed---Civil revision was allowed, in circumstances.

Citation Name: 2023 CLC 2082 PESHAWAR-HIGH-COURTBookmark this Case GHULAM HUSSAIN vs GHULAM HASSAN S — 2023 CLC 2082 PESHAWAR-HIGH-COURT

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