AZEEM KHAN vs COMMISSIONER KALAT DIVISON AT KHUZDAR Ss — 2023 CLC 600 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Citation: 2023 CLC 600 QUETTA-HIGH-COURT-BALOCHISTAN
Court: Balochistan High Court
Year: 2023
Reporter: CLC
Parties: AZEEM KHAN vs COMMISSIONER KALAT DIVISON AT KHUZDAR 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

AZEEM KHAN VS COMMISSIONER KALAT DIVISON AT KHUZDAR Ss.42 & 54---Qanun-e-Shahadat (10 of 1984), Arts.76, 117 & 118---Civil Procedure Code (V of 1908), S.115---Suit for declaration and injunction---Concurrent findings of facts by two Courts below---Original documents, loss of---Onus to prove---Petitioners/plaintiffs were aggrieved of judgments passed by two Courts below dismissing their suit and appeal---Contention of petitioners/plaintiffs was that once a document was exhibited without any objection subsequent objection with regard to admissibility of documents could not be raised--- Validity---Onus was on petitioners/plaintiffs to prove loss or non-availability of original document as envisaged under Art.76 of Qanun-e-Shahadat, 1984---Any person who desired any Court to give judgment to any legal right or liability, under Arts. 117 & 118 of Qanun-e-Shahadat, 1984, such person must prove that said facts existed---Petitioners/plaintiffs alleged ownership through documents and they were required to prove the fact which they had asserted---High Court in exercise of revisional jurisdiction declined to interfere in judgments and decrees passed by two Court below as petitioners/plaintiffs failed to point out any illegality, irregularity, misreading or non-reading of evidence---Revision was dismissed in circumstances.

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