Law:

Section:

(a) Punjab Pre-emption Act (IX of 1991)-------S. 13---Qanun-e-Shahadat (10 of 1984), Art.76---Constitution of Pakistan, Art.199---Constitutional petition---Suit for pre-emption---Notices of Talb-i-Ishhad---Photocopies---Production of photocopies of Talb-i-Ishhad as secondary evidence---Admissibility---Notices of Talb-i-Ishhad sent by the pre-emptor were not allegedly received by the vendee---Sealed envelopes of said notices were made part of the record of the pre-emption suit---At the time of recording of statement of witnesses, when sealed envelopes of notices of Talb-i-Ishhad were re-opened, they were closed with a stapler instead of glue, and notices were also found to be incomplete---Pre-emptor alleged some overt act/intrigue on part of defendants in league with administrative staff of the Trial Court in changing of the original notices---Pre-emptor moved an application before the Trial Court, seeking to produce photocopies of original notices of Talb-i-Ishhad sent by the him by way of secondary evidence---Said application was allowed by Trial Court---Revisional Court set aside order of Trial Court and resultantly dismissed application for production of secondary evidence---Validity---Trial Court should have referred the matter for inquiry in order to probe the allegation of the pre-emptor, however without such probe, Trial Court accepted the allegation as correct and incomplete notices found inside the envelope, which were opened in court, were considered a result of foul play and resultantly production of secondary evidence was allowed---Secondary evidence could only be allowed, if the party claiming production of secondary evidence, had proved on record either the loss of original documents or possession thereof with the other party---Pre-emptor had failed to prove the loss of original notices of Talb-i-Ishhad, allegedly sent to the vendees, and Trial Court after believing one sided version of the pre-emptor allowed production of secondary evidence---Application for production of secondary evidence was illegally allowed by the Trial Court, therefore of Revisional Court did not call for interference---Constitutional petition was dismissed in…

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