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AHMED YAR vs CHAN PIR SHAH S — 2025 CLC 259 LAHORE-HIGH-COURT-LAHORE

Case information

Citation
2025 CLC 259 LAHORE-HIGH-COURT-LAHORE
Court
Lahore High Court
Year
2025
Reporter
CLC
Parties
AHMED YAR vs CHAN PIR SHAH S
Subject matter
Civil
Provisions referred to
S. 13---Q

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

AHMED YAR VS CHAN PIR SHAH S.13---Qanun-e-Shahadat (10 of 1984), Arts. 17 & 129(g)---Suit for pre-emption---Out of seven only one pre-emptor appearing as a witness before the Trial Court to substantiate his claim---Effect---There is no specific provision either in the C.P.C. or Qanun-e-Shahadat, 1984 (QSO), requiring personal appearance of all the plaintiffs, however, where a "fact" is required to be proved through oral evidence, such evidence must be direct and of the primary source---Article 71 of the QSO provides the instances of the direct oral evidence regarding the proof of a fact---Foundation of direct evidence about the proof of the "fact" of Talb-i-Muwathibat, is the "person", who has made the Talb and it is he, who should appear enabling himself for the cross-examination of the other side---Article 129(g) of QSO enables the court to draw adverse inference in the eventuality of withholding the best evidence---Non-appearance of a party as his own witness, ordinarily discredits his case---Where the fact is in the personal knowledge of a person himself and he is the primary source to prove the "fact", if such person, without any sufficient cause, abstains from appearance in the court, the requisite inference shall be drawn---Civil revision was allowed, in circumstances.

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