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Citation Name: 2025 MLD 1906 KARACHI-HIGH-COURT-SINDHBookmark this Case Iqbal Ahmed Siddiqui vs Khalid Maudod Siddiqui S — 2025 MLD 1906 KARACHI-HIGH-COURT-SINDH

Case information

Citation
2025 MLD 1906 KARACHI-HIGH-COURT-SINDH
Court
Sindh High Court
Year
2025
Reporter
MLD
Parties
Citation Name: 2025 MLD 1906 KARACHI-HIGH-COURT-SINDHBookmark this Case Iqbal Ahmed Siddiqui vs Khalid Maudod Siddiqui S
Provisions referred to
S. 42---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

Citation Name: 2025 MLD 1906 KARACHI-HIGH-COURT-SINDHBookmark this Case Iqbal Ahmed Siddiqui VS Khalid Maudod Siddiqui S.42---Qanun-e-Shahadat (10 of 1984), Art.117---Benami declaration---Onus to prove---Scope---Onus to prove in a suit for benami declaration lies upon plaintiff---The reason being that it is the plaintiff who has come to the Court to seek such declaration which is in fact a positive declaration being sought by the plaintiff---In terms of Art.117 of the Qanun-e-Shahadat, 1984, the onus to prove a claim is on the person who asserts such claim---It is not that plaintiff can come to the Court and thereafter, on the basis of defendants evidence try to make out its case---It was the plaintiffs who had sought a declaration of benami transaction and had prayed to give judgment as to their alleged legal right on the basis of facts asserted by them, therefore, it was for them to prove that those facts existed for which the burden laid on them.

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