Mst. NIGHAT WAHEED vs ARIF LATIF O — 2023 CLC 543 LAHORE-HIGH-COURT-LAHORE

Case information

Citation: 2023 CLC 543 LAHORE-HIGH-COURT-LAHORE
Court: Lahore High Court
Year: 2023
Reporter: CLC
Parties: Mst. NIGHAT WAHEED vs ARIF LATIF O

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

Mst. NIGHAT WAHEED VS ARIF LATIF O.VI, R.7---Gift---Proof---alleged witnesses to the oral gift not pleaded in the plaint---Names of two witnesses of the alleged gift deposed during evidence would be considered beyond pleadings---Even otherwise, in the present case the said two witnesses had not been produced in the witness box and it had been deposed that both of them had expired but no proof in the shape of their death certificates had been brought on record by the plaintiff/alleged done---Even if they had appeared in the witness box, non-pleading of their names in the plaint would have come in their way and would have caused impediment in recording their depositions as witnesses---So far as the execution of acknowledgment deed (of the alleged oral gift) was concerned, its witnesses were the same two witnesses of the alleged oral gift --- When the said two witnesses had not been produced in the witness box along with the revenue officer, who allegedly recorded statement of alleged donor, a serious dent with regards to authenticity of the acknowledgment deed had been caused---appeal was allowed and suit filed by plaintiff/alleged donee was dismissed.

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