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1994 MLD 2198

RASUL BAKHSH vs MUSHTAQ

Citation1994 MLD 2198
CourtLahore High Court
Case No.Civil Revision No,87 of 1994
Date1994-01-12
Judge(s)Khalil-Ur-Rehman Khan
ResultRevision dismissed

ORDER

1. ' This revision petition is directed against the order, dated 18-7-1993 of learned Civil Judge whereby he rejected the application of the petitioner for re-casting the issue so as to place the burden of proof on the defendants. The petitioner is admittedly plaintiff in the suit wherein sale-deed registered on 13-5-1979 has been denied to have been executed by him. Onus of the issue was placed on the plaintiff. On an application submitted for the production of the original sale-deed, respondents-defendants stated that the original sale-deed is not available and has been misplaced. Faced with this situation, petitioner moved an application for shifting of the burden of proof on the defendants and not upon the plaintiff. In support of this plea, reference was made to the case of Said Jamal v. Ghulam Zohra 1992 CLC 1714. In the cited precedent this Court refused to interfere in the matter in exercise of extraordinary Constitutional jurisdiction. This precedent as such cannot be of any help to the petitioner. Fact of the matter is that petitioner being of plaintiff having challenged genuineness of the sale-deed, onus obviously lies on him, This onus will, however, shift as and when the petitioner denies execution of the said document in his evidence and the factum of execution of the said sale-deed will be proved by producing positive evidence by the respondent-defendants who seek rights under the agreement. No justifiable exception, therefore, can be taken to the view which prevailed with the learned trial Court. Error of jurisdiction having not been pointed out, interference in exercise of revisional jurisdiction is not warranted.

2. Dismissed in limine.

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