Law: Qanun-e-Shahadat (10 of 1984)

Section: 76,74,75

Civil Procedure Code (V of 1908)-------O. VII, R.14 & O.XIII, R.1---Qanun-e-Shahadat (10 of 1984), Arts. 74, 75 & 76---Original document sued upon, if lost or destroyed before arrival of evidence stage---Secondary evidence of such document, adducing of---Scope---Party would not be allowed to lead secondary evidence as a matter of course or right---Patty for such reasons would be precluded to adduce the document itself, thus, resort would be had t Art.76 of Qanun-e-Shahadat, 1984 and secondary evidence could he permitted upon strict proof about existence, execution and loss of document---Principles. According to Article 75 of Qanun-e-Shahadat, 1984, a party to a matter is required to prove a document by primary evidence, which undoubtedly means the production of document itself in original. However, the possibility of document itself having been destroyed or lost cannot be ruled out. In such an eventuality, the provision of Article 76 allows a party to led secondary evidence of the document in terms of Article 74. But this should not be allowed as a matter of course or right to concerned party, and the party asking for secondary evidence should be put to the strict test of proof not only about the loss of document, but also its very existence, especially in the cases, where the execution of the document has been denied by the other side. Obviously, this can be done only if the claimant party is enabled to produce evidence to both the said effect. If the original document, before the evidence stage is arrived, has been lost or destroyed etc., and for such reason, the party is precluded to adduce the document itself, then resort could always be had to Article 76 of the Order, and upon strict proof about the existence, execution and loss of the document, secondary evidence can be permitted. But this can only be done after enabling the parties to adduce evidence in this behalf. JUDGMENT MIAN SAQIB NISAR, J.---The petitioner is a plaintiff in a suit for the specific performance filed against the respondents through which, he seeks the enforcement of the agreement to sell dated 21-3-1997, regarding the Bungalow in dispute, allegedly executed by the respondents…

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