CHAPTER VII
FACTS WHICH NEED NOT BE PROVED

111. Fact judicially noticeable need not be proved. No fact of which the Court will take judicial notice need be proved.

112. Facts of which Court must take judicial notice. (1) The Court shall take judicial notice of the following facts: ---
(a) All-Pakistan laws:

(b) Articles of War for the Armed Force;

(c) the course of proceeding of the Central Legislature and any person is authorized to use by any Legislature established under any law for the time being in force in Pakistan;

(d) the seals of all the Courts in Pakistan and of all Courts out of Pakistan established by the authority of the Federal Government or the Government representative, the seals of Courts of Admiralty and Maritime Jurisdiction and of Notaries Public and all seals which by any Act or Regulation having the force of law in Pakistan;

(e) the accession to office, names, titles, functions and signatures of the persons filling for the time being any public office in Pakistan, if the fact of their appointment to such office is notified in the official Gazette;

(f) the existence, title and national flag of every State or Sovereign recognized by the Federal Government;
(g) the divisions of time, the geographical divisions of the world, and public festivals, fasts and holidays notified in the official Gazette;

(h) the territories under the dominion of Pakistan;

(i) the commencement, continuance and termination of hostilities between Pakistan and any other State or body of persons;

(j) the names of the members and officers of the Court and of their deputies and subordinate officers and assistants, and also of all officers acting in execution of its process, and of all Advocates and other persons authorized by law to appear or act before it;

(k) the rule of the road on land or at sea.

(2) In all cases referred to in clause (1), and also on all matters of public history, literature, science or art, the Court may resort for its aid to appropriate books or documents of reference.

(3) If the Court is called upon by any person to take judicial notice of any fact, it may refuse to do so unless and until such person produces any such book or document as it may consider necessary to enable it to do so.

113. Facts admitted need not be proved. --- No fact need be proved in any proceeding which the parties thereto or their agents agree to admit at the hearing, or which, before the hearing, they agree to admit by any writing under their hands, or which by any rule or pleading in force at the time they are deemed to have admitted by their pleadings:

Provided that the Court may, in its discretion, require the facts admitted to be proved otherwise than by such admissions.

CHAPTER VIII
ESTOPPEL

114. Estoppel. When one person has by his declaration, act or omission, intentionally caused or permitted another person to believe a thing to be true and to act upon such belief, neither he nor his representative shall be allowed, in any suit or proceeding between himself and such person or his representative, to deny the truth of that thing.

Illustration

A intentionally and falsely leads B to believe that certain land belongs to A, and thereby induces B to buy and pay for it.

The land afterwards becomes the property of A, and A seeks to set aside the sale on the ground that, at the time of the sale, he had no title. He must not be allowed to prove his want of title.

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Estoppel. If a party, by it conduct obliges the Court to adopt a course which is contrary to its practice, that party will be debarred from raising objection as to the procedure on the very salutary principle that after having led the Court to do a certain thing for the benefit of the parties, none of them can be allowed to challenges the same.7

Estoppel. Once a mode (procedure) is adopted by the High Court on the request of the parties, the decision given in pursuance of that mode should be given effect to. Necessary corollary of such rule would be that the same parties were estopped from subsequently challenging that mode of decision in an appeal.8

Estoppel. Party accepting a benefit under a compromise, an award, or a partition was estopped from questioning the transaction.9

Non-raising of question of limitation would neither be waiver nor estoppel.1

Estoppel. Where a party persuaded a Tribunal to adopt a particular course for determining the issue in question and accepted benefit of such, arrangement, he cannot be allowed to repudiate when it comes to liabilities and obligations thereunder.2

Estoppel. Benefit or rule of estoppel. Entitlement of only that party who, while acting on the representation of another person had changed its position to its prejudice could claim benefit of rule of estoppel. Where, however, correct factual position was within knowledge of the represented or would have come to his knowledge, on making inquiry as he ought to have reasonably made, rule or estoppel was not attracted.3

115. Estoppel of tenant and of licensee of person in possession. No tenant of immovable property, or person claiming through such tenant, shall, during the continuance of the tenancy, be permitted to deny that the landlord of such tenant had, at the beginning of the tenancy, a title to such immovable property; and no person who came upon any immovable property by the licence of the person in possession thereof shall be permitted to deny that such person had a title to such possession at the time when which license was given.

116. Estoppel of acceptor of bill of exchange, bailee or licensee. No acceptor of a bill of exchange shall be permitted to deny that the drawer had authority to draw such bill or to endorse it; nor shall any bailee or licensee be permitted to deny that his bailer or licensor had, at the time then the bailment or license commenced, authority to make such bailment or grant such license.

Explanation 1. The acceptor of a bill of exchange may deny that the bill was really drawn by the person by whom it purports to have been drawn.
Explanation 2. If a bailee delivers the goods bailed to a person other than the bailer, he may prove that such person had a right to them as against the bailor.

PART III
PRODUCTION AND EFFECT OF EVIDENCE
CHAPTER IX
OF THE BURDEN OF PROOF

117. Burden of proof. (1) Whoever desires any Court to give judgment as to any legal right or liability dependent on the existence of facts which he asserts, must prove that those facts exist.

(2) When a person is bound to prove the existence of any fact, it is said that the burden of proof lies on that person.

Illustrations

(a) A desires a Court to give judgment that B shall be punished for a crime which A says B has committed.

A must prove that B has committed the crime.

(b) A desires a Court to give judgment that he is entitled to certain land in the possession of B by reason of facts which he asserts, and which B denies be true.

A must prove the existence of those facts.

118. On whom burden of proof lies. The burden of proof in a suit or proceeding lies on that person who would fail if no evidence at all were given on either side.
Illustrations

(a) A sues B for land of which B is in possession, and which, as A asserts, was left to A by the will of C, B’s father.
If no evidence were given on either side. B would be entitled to retain his possession.

Therefore the burden of proof is on A.

(b) A sues B for money due on a bond.

The execution of the bond is admitted, but B say that it was obtained by fraud, which A denies.

If no evidence were given on either side, A would succeed as the bond is not disputed and the fraud is not proved.

Therefore the burden of proof is on B.

119. Burden of proof as to particular fact. The burden of proof as to any particular fact lies on that person who wishes the Court to believe in its existence, unless it is provided by any law that the proof of that fact shall lie on any particular person.

Illustrations

(a) A prosecutes B for theft, and wishes the Court to believe that B admitted the theft, to A, A must prove the admission.

(b) B wishes the Court to believe that, at the time in question, he was elsewhere. He must prove it.