Law:

Section:

Qanun-e-Shahadat (10 of 1984)--- ----Arts. 75 & 76---Specific Relief Act (I of 1877), Ss. 42 & 39---Suit for declaration, cancellation of registered power of attorney, sale-deed and mutation entries---Secondary evidence, production of---Conditions---Evidentiary value of copy of document without its production in original in the court---Scope---Contention of plaintiff was that he was owner of suit property and registered power of attorney executed in favour of defendant was forged one whereas defendant contended that he was bona fide purchaser of the same---Suit was dismissed on the ground that plaintiff had not sought relief for cancellation of second power of attorney mentioned in the written statement---Validity---Court had power to grant an effective or ancillary relief even if not prayed for---Sale deed and mutation entries through which suit property was transferred in favour of plaintiff were not disputed between the parties---Plaintiff was owner of suit land and defendant had failed to substantiate his claim with regard to purchase of the same through reliable evidence---Power of attorney purportedly executed by the plaintiff in favour of defendant was doubtful document as no record of the same was produced---No proof was produced with regard to burning of record of said power of attorney---Copy of said general power of attorney had been exhibited in evidence without permission of the court to lead secondary evidence and same could not be considered---Neither marginal witness of said power of attorney nor its executant was produced in the court---Nothing was on record to suggest that original power of attorney was lost or was not available with the defendant---Production of copy of document would not be sufficient to entitle any party to the suit to produce secondary evidence unless conditions provided in Art.76 of Qanun-e-Shahadat, 1984 stood satisfied---Said power of attorney was not only inadmissible in evidence but same did not confer any right, title or interest in favour of defendant---No presumption of correctness or its due execution could be drawn with regard to said power of attorney---Defendant neither pleaded loss or destruction of…

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