MADO KHAN vs TALIB JAN arts — 2023 CLC 920 QUETTA-HIGH-COURT-BALOCHISTAN

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MADO KHAN VS TALIB JAN arts. 57 & 114---Suit for recovery of money---Fact in issue / relevant fact---Estoppel, principle of---applicability---Order by Criminal Court---Petitioner / Plaintiff sought recovery of damages and exile of respondents / defendants from village---Trial Court on the basis of an order passed by Criminal Court in the criminal proceedings against respondents / defendants for same set of facts dismissed the suit---appeal filed by petitioner / plaintiff was also dismissed by Lower appellate Court---Validity---Institution of suit by petitioner / plaintiff meant that he made a false statement before Criminal Court regarding forgiveness of respondents/defendants in the name of almighty allah---In civil suit, statement recorded by petitioner / plaintiff before Criminal Court was binding upon him under art.114 of Qanun-e-Shahadat, 1984---Suit of petitioner / plaintiff was barred by estoppel---Presumption of genuineness was attached to statement of petitioner / plaintiff recorded by him before Criminal Court that he had forgiven respondents/ defendants without any monetary consideration--- Petitioner failed to rebut such mandatory presumption of law and fact---Suit instituted by petitioner was rightly dismissed by two Courts below, as order passed by Criminal Court was relevant in a civil case---any judgment, order or decree which is a fact in issue or is relevant under some other provision of Qanun-e-Shahadat, 1984, was relevant in any other civil or criminal case under art. 57 of Qanun-e-Shahadat, 1984---High court declined to interfere in concurrent findings of facts by two courts below as the same did not suffer from any illegality---Revision was dismissed, in circumstances.

MADO KHAN vs TALIB JAN arts — 2023 CLC 920 QUETTA-HIGH-COURT-BALOCHISTAN

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