Necessary to prove the factum of Talb-i-Ishhad and this deficiency in his evidence alone is sufficient to dismiss the suit

3. Learned counsel for the petitioner on last date of hearing i.e. 24.05.2018, when confronted about missing of the testimony of the postman which was necessary to prove the factum of Talb-i-Ishhad and this deficiency in his evidence alone is sufficient to dismiss the suit in view of law declared by Hon’ble Supreme Court in cases reported as Muhammad Bashir and others v. Abbas Ali Shah (2007 SCMR 1105) and Allah Ditta through L.Rs and others Vs Muhammad Anar (2013 SCMR 866), he obtained a short date to advance his arguments in this regard. Today, he pointed-out that the written statement of the respondent/defendant/vendee qua the query raised i.e. the factum of Talb-i-Ishhad was silent as no specific plea regarding denial of issuance or service of notice has been alleged and his evasive denial in respect of whole sentence is no denial in the eye of law. Moreover, the respondent, when appeared in the witness box, in his testimony admitted receiving of notice of Talb-i-Ishhad. In such eventuality, it was not mandatory for the petitioner/plaintiff to produce the postman for recording his testimony with regard to effectiveness of notice of Talb-i-Ishhad .

Part of judgment 

IN THE LAHORE HIGH COURT LAHORE JUDICIAL DEPARTMENT

Civil Revision
2570-11

2017 LHC 4791