Citation Name: 2023 YLR 532 LAHORE-HIGH-COURT-LAHOREBookmark this Case NOOR MUHAMMAD vs Mst

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Citation Name: 2023 YLR 532 LAHORE-HIGH-COURT-LAHOREBookmark this Case NOOR MUHAMMAD VS Mst. UMAR WADI O. XLI, R. 23---appellate Court---Remand--- Principles--- Remand was not to be ordered lightly where the case could be decided by the appellate court itself---Where the evidence on record was sufficient to dispose of the case by the appellate court, the case should not be remanded. Citation Name: 2023 YLR 532 LAHORE-HIGH-COURT-LAHOREBookmark this Case NOOR MUHAMMAD VS Mst. UMAR WADI O. XLI, R. 23---Gift---Proof---Judgment of appellate Court---Scope---Suit for declaration was filed by the respondent alleging that her father/deceased was paralyzed and was living with the petitioner (only son), hence, the deceased was under the influence of the petitioner and she sought 1/5th share out of the estate of her father---Suit was concurrently decreed---Petitioner contended that appellate Court had not complied with the rules for passing the judgment in appeal and violated the rules framed under O. XLI, C.P.C.; that both the Courts below had not determined the time of deceased's death and also had not considered the statement of witness who categorically stated that the deceased had died about 07 years after attestation of impugned gift mutations; that no particular fraud was pointed out; that question of misrepresentation / non-delivery of possession had not been challenged/ proved; that the deceased predecessor was not suffering from any disease and he was not mentally paralyzed; and that entries of mutations were duly incorporated in record of rights---Validity---First appellate court had discussed all the relevant factors which were available in the evidence of the parties even the documents had been discussed by the first appellate Court while deciding the point of controversy in between the parties---appellate Court had to decide the controversy between the parties and there was no need to decide each and every issue by the appellate Court---Where appellate Court recorded its findings on all the points raised before it without discussing the issues separately, it could not be said to have committed any illegality/error---appellate Court had critically examined all the evidence on record, i.e. oral/ documentary evidence and had recorded the judgment on the basis of the same---appellate Court had appraised the mandate of law, thus, the impugned judgment was qualified to be called "judgment"---as fraud had been alleged, it was the responsibility of the petitioner being beneficiary to prove that whether gift mutation was validly sanctioned---Respondents were real sisters of the petitioner and were privileged for being Parda Nasheen ladies---Lady who claimed to be illiterate appeared in witness box which fact was also admitted fact on record---Lady was detained in the house and was recovered on the order of the court---No explanation for such detention was provided by the petitioner and inference could be drawn that she was illegally detained, in order to prevent her from filing/agitating her claim---Proof of delivery of possession under the said mutation had not been brought on record---Revision petition was dismissed accordingly. Citation Name: 2023 YLR 532 LAHORE-HIGH-COURT-LAHOREBookmark this Case NOOR MUHAMMAD VS Mst. UMAR WADI S. 2(9) & O. XLI, R. 23---"Judgment"---Essentials---Original and appellate court's judgment---Scope---Term "judgment" meant judicial decision of a court/judge---"Judgment" needs not necessarily deal with all matters in issue in the suit---Essential element of judgment was that there should be statement of grounds for decision---Most important ingredient of a valid judgment was the result/reasons/grounds of the decision because the validity of the judgment was to be seen from the reasoning and the same was to be challenged by the aggrieved party---Trial Court had to decide each/every issue, whereas, the Appellate Court was not required to record findings issue-wise---Sufficient for the Appellate Court to deal with all issues which mattered for disposal of the controversy accepting those abandoned by the appellants.

Citation Name: 2023 YLR 532 LAHORE-HIGH-COURT-LAHOREBookmark this Case NOOR MUHAMMAD vs Mst — 2023 YLR 532 LAHORE-HIGH-COURT-LAHORE

Case information

Judgment text as reported

Other judgments reported in 2023 YLR