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NLR 2013 Civil 369

MST. SAMIYA IQBAL BUTT vs REHAN ZAFAR, ETC.

CitationNLR 2013 Civil 369
CourtSupreme Court of Pakistan
Case No.Civil Petition No. 607-L of 2009 dismissed on 5.5-2009 W.P. No. 17192/2008
Date2009-05-05
Judge(s)Mian Hamid Farooq, Tasaddaq Hussain Jillani
Resultleave refused

ORDER

' TASSADUQ HUSSAIN JILLANL J. Seek Leave to appeal against the judgment dated 25.2.2009 passed by a learned-Judge of the High Court vide which petitioner's. Constitution petition was dismissed and the concurrent judgments and decrees partly decreeing petitioner's suit for. Dowry articles were upheld.

2. The learned counsel for the petitioner seeks leave on the ground that having held that petitioner wife had proved the list of dowry articles to be in possession of the respondent- husband, it was not open for the Court to exclude items Nos. 1 to 1' i.e. Jewelry from consideration, and that the concurrent judgments to the said extent are against the weight of evidence led.

3. Having heard petitioner's learned counsel at some length and having gone through the impugned judgment; as also the judgment of the learned Trial Court dated 17.7.2008, we are of the view that the latter Court considered every piece of evidence led while passing the judgment and decree and rightly excluded the afore-mentioned articles from consideration as it was of the view that the jewelry in question being items of daily use could not have been left behind by petitioner- wife while leaving the house! Petitioner's learned counsel has not referred to any piece of evidence which could persuade us to interfere with the afore-referred finding of fact. The petition, lacking in merit is accordingly dismissed and . High Court Judgment Upheld/. revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.

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