MUHAMMAD AJMAL (DECEASED) vs ABDUL KHALIQ S 12 — 2023 MLD 654 LAHORE-HIGH-COURT-LAHORE

Case information

Citation: 2023 MLD 654 LAHORE-HIGH-COURT-LAHORE
Court: Lahore High Court
Year: 2023
Reporter: MLD
Parties: MUHAMMAD AJMAL (DECEASED) vs ABDUL KHALIQ S 12
Subject matter: Criminal

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

MUHAMMAD AJMAL (DECEASED) VS ABDUL KHALIQ S 12---Suit for specific performance of oral contract----Failure to provide essential details with regards to oral sale---Creditability of witnesses---Suit instituted by respondents/plaintiffs/was unanimously decreed by courts below---Appellants asserted that neither any oral sale transaction was settled nor consideration was received, rather false fictitious and concocted story was planted to usurp the valuable land---Validity---Imperative for respondents to specifically provide essential details with regard to oral sale transaction---Time, date, venue and names of witnesses were to be specifically provided so as to prove when, where and before whom alleged oral transaction was effected---Object behind said principle was to subvert the gate of frivolous litigation besides to discourage the production of shocking as well as surprising evidence---Perusal of record affirmed that neither time, venue nor names of witnesses were provided in the plaint which alone was fatal to non-suit the respondents/ plaintiffs---Evidence on the part of plaintiffs was inconsistent, uncertain and variable, which was not enough to prove the alleged oral transaction---Appeal was allowed and suit of respondents/plaintiffs was dismissed, in circumstances.

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