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Petitioner: MADAR BAKHSH VS Respondent: AZIZ AHMAD
Court Name: Supreme Court of Pakistan Judge(s): Muhammad Afzal Zullah, Dr. Javed Iqbal Title: MADAR BAKHSH vs AZIZ AHMAD Case No.: Civil Petition No,136 of 1983 Date of Judgment:1988-08-09 Reported As: 1989 SCMR 1167 Result: Leave refused
Judgment ORDER ' MUHAMMAD AFZAL ZULLAH, J.--The petitioner/plaintiff having filed a suit so as to seek annulment of a receipt/agreement executed in favour of the respondent regarding suit property on ground of fraud, he failed before the trial Court. His suit was dismissed. Findings regarding alleged fraud were rendered against him. His first appeal failed and his second appeal having been dismissed by the High Court, he has now sought leave to appeal. Although the learned counsel remained unable to canvass any cogent point against the concurrent findings of fact rendered by the learned lower Courts against the petitioner; he, however, contended that some objections raised from the respondent's side in the written statement were also not established. ' This point by itself would not make any difference. The burden was on the petitioner to establish assertions made by him in the suit. Having failed in that behalf, he cannot gain any advantage on account of any technical weakness in the projection of the case from the respondent's side. ' This petition has no force. Leave to appeal is, therefore, refused.