3179/2019 Const. P. Haji Moosa Khan (Petitioner) V/S Mst. Nazia and Ors (Respondent)

Sindh High Court2023

Bench: Hon'ble Chief Justice Mr. Justice Muhammad Shafi Siddiqui(Author), Hon'ble Mr. Justice Jawad Akbar Sarwana

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3179/2019 Const. P. Haji Moosa Khan (Petitioner) V/S Mst. Nazia and Ors (Respondent) Sindh High Court Bench: Hon'ble Chief Justice Mr. Justice Muhammad Shafi Siddiqui(Author), Hon'ble Mr. Justice Jawad Akbar Sarwana Order Date: 03-NOV-23 Suggestions alone that they have given false evidence could not be materialized in favour of the petitioners as primary burden was discharged by plaintiffs/respondents. It is a cumulative effect of all evidence available on record that is to be seen and applied. In addition to it, this Court in terms of Article 199 of the Constitution of Islamic Republic of Pakistan cannot assume the jurisdiction which is otherwise not vested, that is reappraisal of evidence, which has been done by the revisional court and that is the last fact finding court. This Court could only intervene had the jurisdiction been exercised which was not vested and/or vested but not exercised.
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