| Case ID |
08eb424d-ea5c-4c8b-9ca0-6dd2a54e9faa |
| Body |
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| Case Number |
Civil Petition for Leave to Appeal No. K-213 of 19 |
| Decision Date |
Jun 11, 1984 |
| Hearing Date |
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| Decision |
The Supreme Court dismissed the petition for leave to appeal, affirming the High Court's judgment which ruled that the suit filed by the petitioner was barred by time and that the petitioner failed to prove the payment of the claimed amount. The court held that the burden of proof lay heavily on the petitioner, who had failed to summon the handwriting expert despite adverse findings, and that the trial court's decision was based on evidence. The findings of fact made by the High Court were upheld as there was no substantial question of law worthy of consideration. |
| Summary |
In the case of Abdul Kadir Shaikh vs. Respondent, the Supreme Court of Pakistan addressed critical issues related to the burden of proof in civil suits, particularly concerning the recovery of money and the admissibility of expert testimony. The petitioner alleged that a payment of Rs. 23,000 was made under a receipt, which was denied by the respondent. The petitioner sought to prove the receipt's authenticity through a handwriting expert, whose adverse opinion was not pursued in court. The trial court ruled in favor of the petitioner, but the High Court overturned this decision on appeal, emphasizing the time-bar issue and the failure to substantiate the claim of payment. The Supreme Court upheld the High Court's findings, reiterating the importance of presenting compelling evidence and the legal implications of failing to summon expert witnesses when required. This case highlights the essential principles of civil procedure, including the significance of timely filing and the evidentiary standards necessary to establish claims in court. The ruling serves as a critical reference for future cases involving contract disputes and the enforcement of legal rights under the Evidence Act, reinforcing the need for diligence in litigation. Keywords: civil procedure, burden of proof, expert testimony, contract disputes, legal rights, Evidence Act. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
|
| Judges |
ABDUL KADIR SHAIKH,
S. A. NUARAT,
ZAFFAR HUSSAIN MIRZA
|
| Lawyers |
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| Petitioners |
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| Respondents |
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| Citations |
1985 SLD 741,
1985 SCMR 1289
|
| Other Citations |
Not available
|
| Laws Involved |
Constitution of Pakistan (1973),
Evidence Act (I of 1872)
|
| Sections |
45,
73
|