1324/2008 Suit MUHAMMAD SHAFIQ & ORS. (Plaintiff) V/S MUHAMMAD RAFIQ (Defendant)
Bench: Hon'ble Mr. Justice Arshad Hussain Khan(Author)
1324/2008 Suit MUHAMMAD SHAFIQ & ORS. (Plaintiff) V/S MUHAMMAD RAFIQ (Defendant) Sindh High Court
Bench: Hon'ble Mr. Justice Arshad Hussain Khan(Author) Order Date: 31-OCT-17
Suit for Partition It is by now a settled principle of law that any deposition made in the examination-in-chief, if not subjected to cross-examination, shall be deemed to have been admitted. Reliance can be placed on M/s. Akbar Brothers v. M Khalil Dar(PLD 2007 Lahore 385). it is also well-established principle of law that a written statement contains averments of a party, which are to be proved through cogent evidence. If a party does not produce any evidence to support the contents of its written statement, in absence of any admission on the part of a plaintiff, the averments contained in the written statement cannot be treated as evidence. Reliance in this regard can be placed on the cases of FEDERATION OF PAKISTAN through Secretary Ministry of Defence and anotherV. JAFFAR KHAN and others(PLD 2010 Supreme Court 604) and MUHAMMAD NOOR ALAMv.ZAIR HUSSAIN and 3 others (1988 MLD 1122)