| Case ID |
3bdee13d-60e2-4f9e-9d32-5435f56e9bdc |
| Body |
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| Case Number |
Civil Revision No. 93 of 2004 |
| Decision Date |
Sep 09, 2004 |
| Hearing Date |
Sep 09, 2004 |
| Decision |
The Peshawar High Court upheld the decision of the Appellate Court, emphasizing that the burden of proof lies with the plaintiff, who had provided substantial evidence supporting their claim. The appellate court's findings were validated as they thoroughly evaluated the evidence, and the trial court's dismissal was reversed. The court noted that the defendant had outstanding dues amounting to Rs.49,533, which had not been paid despite multiple requests. The court also highlighted the necessity for appellate courts to state their reasoning and decisions clearly in their judgments, as mandated by law. However, the imposition of costs against the defendant was found to be erroneous and against the spirit of the law, leading to the dismissal of the revision petition. |
| Summary |
This case revolves around a civil revision where the plaintiff Muhammad Bilal filed a suit against Abdul Waheed for recovery of Rs.49,533 related to a business transaction involving crockery sales. The initial trial court dismissed the plaintiff's case, but the appellate court reversed this decision, finding that the plaintiff had presented sufficient and credible evidence. The appellate court's ruling was based on the principles outlined in the Qanun-e-Shahadat and the Civil Procedure Code, particularly regarding the burden of proof and the appellate court's obligations to articulate its decisions clearly. The case underscores the importance of the appellate court's role in re-evaluating evidence and ensuring justice is served, while also cautioning against arbitrary costs imposed on defendants. Overall, this case illustrates significant legal principles concerning the burden of proof, the rights of appellants, and the procedural requirements for appellate judgments. |
| Court |
Peshawar High Court
|
| Entities Involved |
Not available
|
| Judges |
IJAZ-UL-HASSAN KHAN, J
|
| Lawyers |
Muhammad Waheed Anjum,
Muhammad Younis Thaheem
|
| Petitioners |
ABDUL WAHEED
|
| Respondents |
MUHAMMAD BILAL
|
| Citations |
2005 SLD 1816,
2005 PLD 19
|
| Other Citations |
2003 CLC 1428,
2004 YLR 1245,
1992 CLC 1022
|
| Laws Involved |
Qanun-e-Shahadat (10 of 1984),
Civil Procedure Code (V of 1908)
|
| Sections |
117,
O.VII,R.2,
O.XLI,R.31,
96,
115
|