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2002 C.L.R. 183

ALLAH BAKHSH alias HAMEED/MAJEED vs KHAN MUHAMMAD

Citation2002 C.L.R. 183
CourtSupreme Court of Pakistan
Case No.Civil Petition No. 1385-L of 1999
Date2001-07-04
Judge(s)Munir A. Sheikh, Abdur Rahman Khan
ResultPetition dismissed

ORDER

ABDUR RAHMAN KHAN, J.--- The suit of the plaintiff/petitioner was decreed by the Trial Court, but in appeal the judgment and decree was reversed and the suit was dismissed. The High Court by the impugned judgment affirmed the Appellate Court judgment.

2. Learned counsel for the petitioner submitted that the High Court has neither discussed in detail nor commented on the evidence on record and has confirmed the judgment of the Appellate Court without any finding of its on. The High Court has observed that the reasons given by the Appellate Court pointing out the contradiction in the statement of the plaintiff qua his witnesses proves that Talb-e-Muwathebat was not made in accordance with law. The learned counsel was confronted with the relevant portion of the judgment of the Appellate Court wherein the conflict in the statement of the witnesses in respect of Talab has been elaborately enumerated and when asked to explain as to what is wrong in it, was unable to point out any lapse/omission.

3. Consequently, the factual controversy stands resolved by the finding of the first Appellate Court, confirmed by the High Court and nothing could be shown to justify interference. This petition is, therefore, dismissed and leave to appeal is refused.

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