IMAM DIN vs Mst. AISHA alias ASIA
This petition for special leave to appeal arises out of a civil dispute concerning the paternity of Mst. Aisha alias Asia, specifically whether she was the daughter of Wali Muhammad. The core legal question revolves around the factual determination of parentage and the extent of interference by appellate and revisional courts in concurrent factual findings. The Supreme Court held that the Additional District Judge properly re-appraised the evidence without misreading or ignoring any part of it, concluding that Mst. Aisha was indeed the daughter of Wali Muhammad, and the High Court correctly declined to interfere in its revisional jurisdiction. The key principle laid down is that findings of fact arrived at by a first appellate court after proper appraisal of evidence, without any legal infirmity, misreading, or non-reading, are not open to interference in revisional or extraordinary appellate jurisdiction.
- Whether findings of fact regarding parentage recorded by an appellate court can be interfered with in revisional jurisdiction without showing any legal infirmity?
- Is a re-appraisal of evidence by an appellate court sufficient to establish paternity when supported by the mother's marriage to the putative father?
ORDER
1. ' SAAD SAOOD JAN, J.--The only question for consideration in this petition for special leave to appeal is whether Mst. Aisha alias Asia was the daughter of Wali Muhammad. Admittedly, her mother, Mst. Batool was married to Wali Muhammad. The case of the petitioner is that she was the daughter of Mst. Batool from another husband. The trial Court accepted the assertion of the petitioner. On appeal the Additional District Judge re-appraised the evidence, without misreading or ignoring any part of it, and came to the conclusion that Mst. Aisha was the daughter of Wali Muhammad. In revisional jurisdiction the High Court declined to interfere with the finding of the learned Additional District Judge. The learned counsel for the petitioner has not been able to show that the finding of the learned Additional District Judge suffers from any infirmity. The petition is without any merit and is hereby dismissed.
Cited by 1 case
- MUHAMMAD RAMZAN vs Rana LIAQAT ALI and anothers 2006 YLR 703