ALLAH BAKHSH alias HAMEED/MAJEED vs KHAN MUHAMMAD
This matter arises from a petition for leave to appeal against the judgment of the High Court, which affirmed the Appellate Court's decision dismissing the plaintiff's suit after the Trial Court had initially decreed it. The core legal question concerned whether the High Court erred in confirming the Appellate Court's findings regarding the fulfillment of the requirement of Talb-e-Muwathebat without independent discussion of the evidence. The Supreme Court held that since the High Court concurred with the Appellate Court's well-reasoned findings identifying material contradictions in the statements of the plaintiff and his witnesses regarding the making of Talab, and the petitioner's counsel failed to point out any legal or factual lapse in those findings, the concurrent factual determinations could not be disturbed. The petition was accordingly dismissed and leave to appeal refused, reinforcing the principle that concurrent findings of fact based on an appraisal of evidence will not be interfered with by the apex court unless a clear legal or factual defect is demonstrated.
- Whether the High Court is required to re-discuss evidence in detail when affirming concurrent findings of fact by the first Appellate Court?
- Can the Supreme Court interfere with concurrent factual findings regarding the fulfillment of Talb-e-Muwathebat without a showing of material lapse or omission?
- Does a failure to point out any legal or factual flaw in the lower appellate court's appreciation of evidence warrant the dismissal of a leave to appeal petition?
ORDER
ABDUR RAHMAN KHAN, J.--- The suit of the plaintiff/petitioner was decreed by the Trial Court, but in appeal the judgment and decree was reversed and the suit was dismissed. The High Court by the impugned judgment affirmed the Appellate Court judgment.
2. Learned counsel for the petitioner submitted that the High Court has neither discussed in detail nor commented on the evidence on record and has confirmed the judgment of the Appellate Court without any finding of its on. The High Court has observed that the reasons given by the Appellate Court pointing out the contradiction in the statement of the plaintiff qua his witnesses proves that Talb-e-Muwathebat was not made in accordance with law. The learned counsel was confronted with the relevant portion of the judgment of the Appellate Court wherein the conflict in the statement of the witnesses in respect of Talab has been elaborately enumerated and when asked to explain as to what is wrong in it, was unable to point out any lapse/omission.
3. Consequently, the factual controversy stands resolved by the finding of the first Appellate Court, confirmed by the High Court and nothing could be shown to justify interference. This petition is, therefore, dismissed and leave to appeal is refused.