Citation Name: 2023 MLD 1445 LAHORE-HIGH-COURT-LAHOREBookmark this Case SHAHIDA PERVEEN vs PROVINCE OF PUNJAB through District Officer Revenue, District Mandi Baha-ud-Din Ss — 2023 MLD 1445 LAHORE-HIGH-COURT-LAHORE

Case information

Citation: 2023 MLD 1445 LAHORE-HIGH-COURT-LAHORE
Court: Lahore High Court
Year: 2023
Reporter: MLD
Parties: Citation Name: 2023 MLD 1445 LAHORE-HIGH-COURT-LAHOREBookmark this Case SHAHIDA PERVEEN vs PROVINCE OF PUNJAB through District Officer Revenue, District Mandi Baha-ud-Din Ss
Subject matter: Criminal
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 MLD 1445 LAHORE-HIGH-COURT-LAHOREBookmark this Case SHAHIDA PERVEEN VS PROVINCE OF PUNJAB through District Officer Revenue, District Mandi Baha-ud-Din Ss. 42 & 54---Civil Procedure Code (V of 1908), S. 115---Suit for declaration and injunction---Relationship with deceased, determination of---Additional evidence---New ground---Concurrent findings of facts by two Courts below---Petitioner claimed to be daughter of deceased owner of suit property---Trial Court and Lower Appellate Court concurrently did not find petitioner as daughter of deceased owner of estate---Validity---High Court did not allow application for additional evidence by way of DNA testing, as such application was not filed before Trial Court and Lower Appellate Court---Such application lacked bona fides and the plea was unwarranted---Principle of preponderance of probability, in wake of totality of evidence, was against petitioner---Upon applying test of prudence, High Court firmly believed that existence of relationship inter se petitioner and deceased owner of estate was not established and such fact remained disproved---High Court did not review findings pertaining to sect of deceased owner as no evidence was led in such regard---High Court declined to interfere or upset/ reverse concurrent decisions, in exercise of revisional jurisdiction, as there was no illegality or irregularity pointed out in exercise of jurisdiction---Revision was dismissed, in circumstances.

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