771/2024 Const. P. Teerath (Petitioner) V/S Beena D/o Somji (Respondent)
Sindh High Court
Bench: Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author)
Order Date: 26-AUG-24
The learned trial Court was duly empowered to appreciate the evidence and no case has been set forth to apprehend that the same was not done. Just because the view of one party did not prevail does not vitiate the process. The entire matter was open to the appellate Court, but not approached at the first instance for deliberation whether to differ with the judgment rendered by the learned trial Court or otherwise. The counsel remained unable to demonstrate any apparent infirmity about the appreciation of evidence that does not merit any consideration by this Court. Even otherwise such an exercise is not amenable for adjudication in writ jurisdiction. On the aforesaid proposition we are guided by the decisions of the Supreme Court reported as 2011 SCMR 1990; 2001 SCMR 574 and PLD 2001 Supreme Court 415.Full judgment text for this case is not yet available on Pakistan Law Reports. Check the official Sindh High Court case law portal for the complete order.
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