Law:

Section:

Qanun-e-Shahadat (10 of 1984)--- ----Arts. 59 & 84---Comparison of signatures---Scope---Best evidence to prove the authenticity of signatures would be of handwriting expert who had examined signatures on the disputed documents with signatures on the admitted one or with signatures taken before the court---Matter was still in progress and evidence was yet to be recorded---Trial Court had erred in holding that documents in question would benefit the defendant and plaintiff was not required to prove the same---Such observations were against the requirement of law as it was a pre-mature stage and no observation could be made with regard to any document without recording of evidence in such respect---Court was competent to compare disputed signatures with the admitted one of any party to ascertain its genuineness but same was not advisable---Impugned order of Trial Court was set aside with the direction to consider the applica-tion for comparison of signatures after recording evidence of other party---Revision was accepted in circumstances. Fazal Muhammad and another v. Mst. Aiyshan and 9 others 1984 CLC 3401 rel. THIS JUDGMENT DELIVERED BY: MALIK MANZOOR HUSSAIN, J.--- This revision petition has been preferred against the order dated 21-11-2013, passed by the learned Civil Judge, Peshawar, whereby application filed by the petitioner for sending signature of the petitioner along with copies of the ledger book and other documents to FSL for the purpose of authentication and expert opinion. 2. Briefly, the facts of the case are that petitioner filed a suit for recovery of Rs.45,50,000 against the respondent along with interest, fully described in the heading of the plaint. The suit was contested by the respondent and after framing of issues petitioner concluded his evidence, whereafter the case was fixed for evidence of respondent/defendant. Before recording of the statement of respondent, the petitioner preferred application for sending certain documents to FSL for expert opinion which was contested by the respondent and through impugned order dated 21-11-2013, this application was dismissed, hence the instant petition. 3. Learned counsel for the petitioner…

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