Law:

Section:

Qanun-e-Shahadat (10 of 1984)------Arts. 59 & 84---Civil Procedure Code (V of 1908), O.XVIII, R.2 & S.151---Specific Relief Act (I of 1877), S.42---Suit for declaration---Comparison of thumb-impressions---Scope---Suit was decreed by the Trial Court whereagainst appeal was filed in which defendants moved an application for comparison of thumb impressions of plaintiffs which was dismissed---Contention of plaintiffs was that original documents were not produced in evidence and comparison of thumb impressions could not be carried out---Validity---Documents produced in the court were copies of a register of scribe which were produced in the court through stamp vendor and scribe vendor---Original register was produced before the court and copies of relevant pages were exhibited---Defendants had requested to summon Vasiqa register for comparison of thumb impressions of plaintiffs which was relevant for the just decision of main suit---Defendants had not submitted in the court that thumb-impressions on the documents were the result of coercion, inducement or undue influence but their case was that of denial of the same---Plaintiff had denied her signatures on the disputed documents---Thumb-impression of one person did not tally with the thumb-impression of other person in the world---Comparison of disputed thumb-impressions in the Forensic Science Laboratory with the admitted one could help the court to reach at a just and correct decision and same would be beneficial for the plaintiff if her thumb-impressions were not available on the said documents---Said report of Finger Prints Expert could be challenged by way of cross-examination---Impugned order passed by the Appellate Court was set aside and application for comparison of thumb-impressions was accepted---Appellate Court was directed to get verified thumb-impressions of plaintiff on the disputed documents through Finger Prints Expert and then decide the case in accordance with law---Revision was accepted in circumstances. S.M. Zahir v. Pirzada Syed Fazal Ali Ajmeri 1974 SCMR 490; Zar Wali Shah v. Yousaf Ali Shah and 9 others 1992 SCMR 1778; Mst. Ummatul Waheed and others v. Mst. Nasira Kausar and others…

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