Mst. ALLAH RAKHI vs TANVIR IQBAL and others
This matter concerns a petition for leave to appeal against a judgment of the High Court, which had set aside a decree passed in favor of the petitioner in a suit for the recovery of dowry articles. The petitioner had originally filed a suit for the recovery of dowry articles or their monetary value, which was initially dismissed by the Family Court but subsequently decreed by the First Appellate Court. The core legal question was whether the First Appellate Court's decision was sustainable when based on insufficient evidence. The Supreme Court observed that the petitioner’s evidence consisted solely of her own statement, wherein she failed to testify that the list of dowry articles was prepared at the time of Rukhsati and further admitted she did not know the contents of the list. No corroborating evidence was provided. The Supreme Court held that the High Court correctly determined the appellate judgment was based on no evidence. Consequently, the petition was dismissed, affirming the principle that a decree for the recovery of dowry articles requires credible, corroborated evidence rather than mere assertions.
- Is a decree for the recovery of dowry articles sustainable when based solely on the uncorroborated statement of the plaintiff?
- Can a judgment of an appellate court be set aside if it is found to be based on no evidence?
- Is a plaintiff's lack of knowledge regarding the contents of a list of dowry articles fatal to a claim for their recovery?
' MUNIR A. SHEIKH, J.--- The suit filed by the petitioner for recovery of articles of dowry or in lieu the price thereof, was dismissed by the learned Judge Family Court, Sargodha through judgment, dated 1-3-2002. In appeal filed by her, however, the First Appellate Court set aside the judgment and decree of the trial Court and decreed the suit on the basis of list of articles appended with the plaint through judgment, dated 1-1-2003. In Constitutional petition filed by the respondent, the learned Judge of the High Court came to the conclusion that the judgment and decree of the First Appellate Court was based on no evidence, therefore, it was declared to be without lawful authority and of no legal effect through the impugned judgment, dated 7-5-2003 against which leave is sought.
2. We have gone through the evidence produced by the petitioner which consists of only of her own statement. She did not state that the list of articles appended with the plaint as Exh.P.A. Was prepared at the time of Rukhsati: She stated that she did not know as to what articles had been mentioned in this list. No evidence to corroborate her statement that she was given articles of dowry was produced.
3. The learned Judge of the High Court was legally correct in holding that the judgment of the First Appellate Court was based on no evidence, therefore, this petition has no merits which is accordingly dismissed and .
Cited by 5 cases
- Imtiaz Ahmad vs Addl. District Judge, etc. 2020 [M] C L R 300
- Hafiz MUHAMMAD SHARAF-UD-DIN vs DISTRICT JUDGE, KHUSHAB and others 2015 MLD 1081
- Mst. ROZEENA SHAHEEN vs ABDUR REHMAN and 2 others 2013 YLR 842
- MUHAMMAD UMAR ISLAM vs Mst. IRAM SHAHZADI and 3 others 2009 YLR 951
- Muhammad Umar Islam vs Mst. Iram Shezadi and 3 others 2009 C.L.R. 463