Section 42 Civil Procedure Code (V of 1908), O VI, Rr 4 & 7 The Appellate Court, hearing the trial, accepted the appellant's appeal and dismissed the defendant who claimed to be related to the accused. The property was rented out which denied the relationship. For the landlord and the tenant the plaintiff submitted properly certified variations to prove their ownership of the property. The plaintiff not only failed to produce any documentary evidence to prove ownership but also did not claim ownership in its applications under O VI, Rr 4 & 7, CPC, the parties. The material facts were required to be given and could not be defied by their plea that the confessional statements were admitted in the evidence; no objection could be allowed to the admission of the evidence in favor of the plaintiff through any documentary evidence. The defense failed to reject the changes, the court was set aside and the trial court's decision and judgment restored.
Related judgments — Peshawar High Court NWFP, 2011
