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Second Appeal No. 160 of 1979, decided on 4th June, 1980.
‑‑ Ss. 100 & 101‑Second appeal‑Concurrent finding of facts given by two Courts below, held, not open to challenge in second appeal even if High Court takes a different view of evidence on record. [Finding of fact].
Mushtaq Ahmed v. Mrs. Mumtaz Zohra Rizvi P L D 1978 Kar. 188 ref.
‑‑ O. XIII, r. 3‑No objection taken when document exhibited --Court, held, not prevented from adjudicating its true nature. [Document].
‑‑ Ss. 101 to 103‑Burden of proof‑Burden lies on plaintiff to prove his claim‑Plaintiff failing to discharge such burden, held, cannot take assistance from weakness, real or apparent of defendant s case.‑[Burden of proof].
‑‑ S. 111‑‑Transaction with Pardanashin lady‑Defendant, a Pardanashin lady and for that matter not literate‑Held, gets adequate protection under law and transaction, with her, to be strictly proved by party claiming same.
Sulleman Kassim for Appellants.
Muhammad Sharif for Respondents.
Dates of hearing : 20th and 23rd April, 1980.
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