Case Details

Citation(s)
2013 SLG 2825 2013 SLD 2825 2013 YLR 2194
Lahore High Court
Civil Revision No. 523 of 2007, decided on 14th June, 2013. DATE of hearing: 28th May, 2013
CH. MUHAMMAD YOUNIS, J
Sajid Yousaf Mirza for Petitioners. Ch. Mushtaq ahmed Khan and Ch. Muhammad Munir Akhtar Minhas for
Respondent

Sh. FAZAL -URREHMAN through L.Rs.

VS

WAZIR MUHAMMAD KHAN through L.Rs.

Law:

Section:

(a) Qanun-e-Shahadat (10 of 1984)--- ----Art.72---Execution of document, denial of---Non-examination of scribe and stamp vendor of such document as witness---Validity---No hard and fast rule existed requiring necessarily production of scribe and stamp vendor---Document, if proved through marginal witnesses, could not be discarded on account of non-examination of its scribe and stamp vendor. Chilya Corrugated Board Mills Ltd. v. M. Ismail and others 1992 CLC 2524; Mst. Sakina Bibi and another v. Muhammad Anwar alias Mujahid and others PLD 2007 Lah. 254; Muhammad Ashraf v. Shah Noor Khan and another 1996 MLD 1819; Mst. Jannat Bibi v. Faqir Muhammad 1998 MLD 837; Abdul Hameed v. Muhammad Zaki and 3 others 1990 MLD 1129; Muhammad Khan and others v. Muhammad Boota and others 1994 MLD 1622; Nazeer Ahmed v. Abdul Hameed Khan and others 2001 YLR 2145; Sultan through legal heirs v. Muhammad Farooq and another 2003 CLC 733; Anwar Ahmed v. Mst. Nafees Bano through L.Rs. 2005 SCMR 152; Rana Mamoon Rasheed v. Kokab Noorani Okarvi and 4 others PLD 1999 Kar. 257; Abrar Ahmed v. Syed Anwar Hussain Shah and 2 others 2004 YLR 1923; Asiya Kausar and another v. Amjad Ikram and another through legal heirs 2002 YLR 2082; Nawab alias Babu through legal heirs v. Muhammad Rafique 2002 MLD 965 and Dil Murad and others v. Akbar Shah 1986 SCMR 306 ref. (b) Qanun-e-Shahadat (10 of 1984)--- ----Arts. 59 & 74---Comparison of signatures made by Handwriting Expert from a photocopy of document---Validity---Comparison of signatures would be made with original document---Report of such Expert would have no evidentiary value in circumstances. Rana Mamoon Rasheed v. Kokab Noorani Okarvi and 4 others PLD 1999 Kar. 257 rel. (c) Civil Procedure Code (V of 1908)--- ----S. 115---Revisional jurisdiction of High Court---Scope---Findings on question of law or facts recorded by competent court below, even if erroneous, could not be interfered with by High Court in absence of any jurisdictional defect, illegality or material irregularity causing miscarriage of justice. Muhammad Idrees and others v. Muhammad Pervaiz and others 2010 SCMR 5; Abdul Qadoos through L.Rs. v. Habibur Rehman and others 2010 SCMR…
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