Citation Name: 2023 CLC 549 PESHAWAR-HIGH-COURTBookmark this Case GUL REHMAN vs KHAN BAHADAR Ss — 2023 CLC 549 PESHAWAR-HIGH-COURT

Case information

Citation: 2023 CLC 549 PESHAWAR-HIGH-COURT
Court: Peshawar High Court
Year: 2023
Reporter: CLC
Parties: Citation Name: 2023 CLC 549 PESHAWAR-HIGH-COURTBookmark this Case GUL REHMAN vs KHAN BAHADAR Ss
Subject matter: Civil
Provisions referred to: S. 115---S; Civil Procedure Code (V of 1908)

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

Citation Name: 2023 CLC 549 PESHAWAR-HIGH-COURTBookmark this Case GUL REHMAN VS KHAN BAHADAR Ss.42 & 54---Qanun-e-Shahadat (10 of 1984), Art.100---Civil Procedure Code (V of 1908), S.115---Suit for declaration and injunction---Thirty years old document---Presumption---Judgment at variance---Suit filed by petitioners / plaintiffs was based upon more than thirty years old deed of possession, original of which was not produced during trial---Lower Appellate Court reversed findings of Trial Court and dismissed the suit---Validity---Mere 30 years age of document did not provide any justification for its proof unless document was proved in accordance with Qanun-e-Shahadat, 1984---When document was questioned, sole ground of age of document as 30 years could not be taken as gospel truth as genuineness of document was disputed---Duty of Trial Court to determine question of its genuineness and correctness, because age of document alone did not amount to a proof but the correct contents of such document---If genuineness of document was susceptible to suspicion, Court could refuse to raise presumption and ask for proof of its contents---High Court declined to interfere in judgment and decree passed by Lower Appellate Court as petitioners / plaintiffs could not point out any illegality, irregularity or jurisdictional defect in findings of Lower Appellate Court---Revision was dismissed in circumstances.

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