| Case ID |
f7f48356-39b1-4cc1-9fc1-c626c32c96f7 |
| Body |
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| Case Number |
Civil Revisions Nos.2559 to 2562 of 2001 |
| Decision Date |
Jan 25, 2002 |
| Hearing Date |
Jan 25, 2002 |
| Decision |
The Lahore High Court accepted the revision petitions filed by Saleem Ahmad and set aside the judgments and decrees of the lower courts dated 20-09-2001 and 31-10-1998. The court found that the acknowledgment of debt relied upon by the plaintiff was not duly proved according to law, as the necessary marginal witnesses were not produced. Consequently, the suits filed were barred by time, and the judgments made by the Additional District Judge and Civil Judge could not be maintained. The court emphasized the importance of cogent evidence in proving claims of acknowledgment in financial disputes. |
| Summary |
In the case of Civil Revisions Nos.2559 to 2562 of 2001, the Lahore High Court examined the legality of lower court judgments regarding the recovery of borrowed money. The petitioner, SALEEM AHMAD, challenged the decision of the Additional District Judge that maintained the Civil Judge's decrees despite finding that the acknowledgment of debt was not properly substantiated. The central issue revolved around the burden of proof and the requirement to present credible evidence for claims of acknowledgment, especially when the respondent, TAHIR HUSSAIN, denied executing the acknowledgment document. The court's ruling underscored the necessity for plaintiffs to substantiate their claims with clear evidence, particularly in cases involving financial transactions and acknowledgments of debt. The decision also highlighted procedural aspects, including the importance of timely appeals and the implications of failing to challenge adverse findings in previous judgments. This case serves as a critical reference for legal practitioners dealing with similar issues of acknowledgment and burden of proof in civil litigation. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
MIAN HAMID FAROOQ, J
|
| Lawyers |
Malik Mumtaz Ahmad,
S. Ijaz Ahmad
|
| Petitioners |
SALEEM AHMAD
|
| Respondents |
TAHIR HUSSAIN
|
| Citations |
2003 SLD 2588 = 2003 CLC 941
|
| Other Citations |
Not available
|
| Laws Involved |
Civil Procedure Code (V of 1908),
Qanun-e-Shahadat (10 of 1984)
|
| Sections |
O. VII, R. 2,
Art.117
|