Citation Name: 2023 YLR 254 PESHAWAR-HIGH-COURTBookmark this Case KISHWAR KHAN vs JAN AFROZA (Widow) Ss — 2023 YLR 254 PESHAWAR-HIGH-COURT

Case information

Citation: 2023 YLR 254 PESHAWAR-HIGH-COURT
Court: Peshawar High Court
Year: 2023
Reporter: YLR
Parties: Citation Name: 2023 YLR 254 PESHAWAR-HIGH-COURTBookmark this Case KISHWAR KHAN vs JAN AFROZA (Widow) 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 YLR 254 PESHAWAR-HIGH-COURTBookmark this Case KISHWAR KHAN VS JAN AFROZA (Widow) Ss. 42 & 54---Qanun-e-Shahadat (10 of 1984), Art.117---Civil Procedure Code (V of 1908), S.115---Suit for declaration and injunction---Title, proof of---Onus to prove---Concurrent findings of two Courts below---Petitioners/ plaintiffs were aggrieved of judgments and decrees passed by two Courts below dismissing their suit and appeal---Validity---Petitioners/plaintiffs were to prove their case through cogent, convincing and independent evidence and could not derive any benefit from lapses---Two Courts below concurrently recorded their findings of facts and law which were in accordance with available evidence of parties---High Court in exercise of revisional jurisdiction declined to interfere in concurrent findings of two Courts below as the same did not suffer from any misreading or non-reading of evidence nor the same suffered from any illegalities or material irregularities---Revision was dismissed, in circumstances.

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