Mst. SADIQAN BEGUM vs MUHAMMAD SIDDIQUE O — 2025 CLC 1158 LAHORE-HIGH-COURT-LAHORE

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Mst. SADIQAN BEGUM VS MUHAMMAD SIDDIQUE O.VI, R.7---Oral gift---Proof---Failure to plead essential ingredients of oral gift---Oral gift claims must disclose time, place, and witnesses in the pleadings---Written statement lacking particulars of oral gift---No mention of date, time, venue or witnesses of the alleged transaction---Inherent pleading defects cannot be cured by subsequent evidence---Evidence beyond pleadings is impermissible---Defendant's (beneficiary's) failure to plead core elements of gift rendered the entire gift transaction unsustainable in law---A perusal of the written statement filed by the defendant/respondent led to only one inescapable conclusion that the defendant had failed to plead the necessary ingredients of oral transaction of gift---Neither the specific venue of the oral transaction of gift was mentioned nor its date, time and witnesses had been spelt out---So far as the date of impugned oral transaction was concerned, it further destroyed the case of the defendant/respondent; para 3 of the preliminary objections of the written statement pleaded that on the day of transaction of oral gift i.e. 18.04.1998 rappat roznamcha waqiati No. 371 was recorded by the Patwari of revenue estate which made it abundantly clear that no amount of evidence could cure this inherent defect of pleadings, which conspicuously failed to put forth the name of the witnesses of the oral transaction, and the exact date, time and venue thereof---Statements of defendant's son were beyond the scope of pleadings and in terms of O. VI, R. 7 of C.P.C., no amount of evidence could be led or considered which was beyond pleadings---The suit filed by the petitioner/plaintiff (female legal heir deprived from inheritance) was decreed as prayed for---Civil revision was allowed, in circumstances.

Mst. SADIQAN BEGUM vs MUHAMMAD SIDDIQUE O — 2025 CLC 1158 LAHORE-HIGH-COURT-LAHORE

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