IN THE COURT OF DISTRICT JUDGE,KASUR.
ASIF BASHIR S/O MUHAMMAD BASHIR CASTE ARAIN
R/O PEERO WALA TEHSIL AND DISTRICT,KASUR.
APPELLANT/Defendant
VERSUS
1. YASMIN BIBI D/O MUHAMMAD SHARIF
2. TABEEN ASIF S/O ASIF BASHIR Caste ARAYIN R/O NIZAMPURA KASUR
3. MAHEEN ASIF S/O ASIF BASHIR
Respondents/Appellants
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APPEAL AGAINST THE ORDER DATED 16-12-2013 PASSED BY LEARNED MEHRUN-NISA
JUDGE FAMILY COURT, KASUR.
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RESPECTFULLY SHEWETH,
1. That the respondents/plaintiffs filed
a family suit no 15 on 21-03-2012 for recovering maintenance against the
appellant/defendant which is under adjudication and in which next date of
hearing is fixed for 10-01-2014 in the learned trial Mehrun-Nisa Family Judge court, Kasur.
2. That after submitting written reply
by the appellant/defendant the learned
trial Family Judge court, Kasur framed as many as four issues including relief
on 26-05-2012 which are as under:
(1). whether plaintiffs are entitled
to the recovery of maintenance allowance if so at what rate and to what extent.
(OPP)
(2). whether plaintiff no 1 is
entitled to the recovery of maternity as prayed for. (OPP)
(3). Whether the suit of the plaintiffs
is based on malice, vexatious and with mala fide intention, therefore suit is
liable to be dismissed.(OPD)
(4). Relief.
2. That respondents had recorded their oral as well as
documentary evidence in the aforesaid family suit on 05-09-2013 and appellant
has also been recorded his oral evidence on 05-09-2013.
3. That the appellant after recording his oral evidence,
moved an application for recording additional evidence on 18-09-2013 in the
main titled family suit in order to (prove issue no 03) but the learned trial Mehrun-Nisa
Family Judge court, Kasur without considering the written statement, grounds on
behalf of the appellant and without applying its own judicial mind dismissed
the appellant application which is against the norms of justice.
4. That the production of additional evidence is very
necessary and essential in order to prove the falsity of the respondents main
titled family suit because the falsity of the respondent’s no 1 can only and
only be proved through recording the additional evidence but the learned trial
court dismissed the appellant’s application which is against the facts and laws,
hens this appeal.
Grounds
1.
That
the impugned order has been passed against the facts and laws of the case.
2.
That
the learned trial family court completely ignored the written statement and
appended documents submitted by appellant while passing the impugned order 16-12-2013
which is unjust, arbitrary without legal justification and the same may kindly
be set-aside.
3.
That
the learned trial family court without considering the material provided by the
appellant rejected the appellant’s application on 16-12-20132 which is unjust,
null and void without any lawful legal justification and the same may kindly be
set-aside.
4.
That
the impugned order 16-12-2013 has been passed on the basis of surmises and
conjectures.
5.
That
the impugned order 16-12-2013 has been passed on the basis of arbitration
without legal justification and the same may kindly be set-aside.
6. That the learned family judge has
passed the impugned order without applying his judicious mind.
PRAYER
Under the above said circumstances it is most respectfully prayed that
this appeal may kindly be accepted and impugned order dated 16-12-2013 passed
by learned family judge, kasur may kindly be declared illegal, unlawful, null
and void without any cogent reasons, arbitrary against the facts and
circumstances of the case and the same may kindly be set-aside and any other
appropriate relief which this honorable court may deem fit and proper may also
be awarded.
Appellant
Accepted
by:
Falak Sher Bhati
Advocate
Kasur
Chamber
No 96-97
District Bar
Association Kasur
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