Preponderance of evidence

2025 MLD 1246 LAHORE-HIGH-COURT-LAHORE Judicial Precedent

Arts. 2(7), 117 & 118Specific Relief Act (I of 1877), Ss. 42 & 54Suit for declaration with consequential reliefInheritance mutationDispute over sect of deceasedPresumption of faithJudicial determinationPrinciple of Preponderance of evidenceScopeBurden of proof, relevance of

Judicial determination of whether the said presumption of faith of a party holds or positively stands rebutted, would be adjudged on the principle of preponderance of evidence produced by the parties

No strict criteria can be set to determine the faith of a person, and thus, to pass any finding thereon, the Courts are to consider the surrounding circumstances; way of life, parental faith and faith of other close relatives

In civil dispensation of justice, courts are to adjudge the lis on the standard of preponderance or probability of evidence produced by the parties and the decision of the court would tilt in favour of the party having preponderance of evidence

Burden of proving a fact gains importance and relevance only when no evidence is led by the concerned party or the court is unable to take a decision, one way or the other, on the basis of evidence available on record of the case

Respondents/plaintiffs successfully discharged the onus by producing oral as well as documentary evidence that deceased was Sunni by sect, thus, burden to prove shifted on the shoulders of defendants/petitioners' which they failed to discharge through reliable and convincing evidence, that the deceased adhered to the Shia sect

Petitioner in her cross-examination was unable to provide satisfactory answers to the basic questions put to her qua Shia sect, thus, the trial and appellate courts had justifiably ruled in favor of the respondent/plaintiff, as the lack of credible evidence on the petitioner's part did not support their claims

Civil revision was dismissed, in circumstances.

2022 PLD 72 HIGH-COURT-AZAD-KASHMIR Judicial Precedent

Preponderance of evidenceScope

Courts of law in civil cases have to record findings in favour of the party in whose favour the material has been brought on record

Preponderance of probability in favour of a litigant party could be made base for adjudication and in such like circumstances, a party to lis who proved his stance with upper edge to other side qua evidence on record deserve decree in his favour as a fruit of his proof.

2022 PLD 72 HIGH-COURT-AZAD-KASHMIR Judicial Precedent

Preponderance of evidenceScope

Courts of law in civil cases have to record findings in favour of the party in whose favour the material has been brought on record

Preponderance of probability in favour of a litigant party could be made base for adjudication and in such like circumstances, a party to lis who proved his stance with upper edge to other side qua evidence on record deserve decree in his favour as a fruit of his proof.

2017 YLRN 178 PESHAWAR-HIGH-COURT Judicial Precedent

S. 42Suit for declarationInheritanceDower deedGift mutationProof ofGift, ingredients ofPreponderance of evidenceScopePlaintiffs filed suit for declaration that they were owners in possession to the extent of their shari shareSuit was dismissed by the Trial Court but Appellate Court decreed the sameValidityCourt was to adjudicate matter upon preponderance of evidence

Dower deed being 30 years old document, duly executed and proved, would have presumption of genuineness and its non-registration would not invalidate the same

Fact which the defendants wanted to prove was neither mentioned in their written statement nor in the plaint, no documentary evidence was annexed therewith in that regard

Verifying witness of gift mutation was not produced nor Patwari or Revenue Officer had been examined

Ingredients of gift i.e. offer, acceptance and delivery of possession were required to be proved by the beneficiary

Factum of gift had not been proved in the present case

Judgment and decree passed by the Appellate Court declaring the gift mutation as null and void was correct

Courts below had not appreciated the evidence according to law with regard to dower deed

Judgments and decrees to the extent of dower deed were set aside

Suit of plaintiff was decreed

Revision was allowed in circumstances.

2017 CLC 564 KARACHI-HIGH-COURT-SINDH Judicial Precedent

S. 12Qanun-e-Shahadat (10 of 1984), Art.17Suit for specific performance of agreement to sellProofProcedurePreponderance of evidenceScopeAgreement of sale was required to be proved by two witnesses of execution of agreement

Rule of production of two witnesses as proof of execution of a document was not an absolute rule to be applied in every case

Every case had to be decided on its own merits both of facts and law

Need to provide proof of execution of agreement would arise when the denial had come from the executant of said agreement

Executant of agreement to sell, in the present case, had admitted the same and also the sale consideration

Each and every aspect of documents produced by the parties was to be assessed while evaluating the evidence

Preponderance of evidence had to be gathered from oral statement with reference to the documents produced by the parties

Trial Court had not examined the evidence properly

Appellate Court had rightly set aside the findings of Trial Court and decreed the suit

Revision was dismissed in circumstances.