Law:

Section:

Qanun-e-Shahadat (10 of 1984)---Art. 84---Specific Relief Act (I of 1877), S. 12---Constitution of Pakistan, Art. 199---Constitutional petition---Suit for specific performance of contract---Application for cancellation of written statement along with power-of-attorney---Comparison of thumb impression---Scope---Suit for specific performance of contract was filed wherein defendant moved application for cancellation of written statement along with power-of-attorney---Contention of defendant was that both the documents were forged and fabricated---Application was dismissed concurrently---Validity---Neither any issue had been framed nor any evidence had been recorded to determine whether documents were genuine---Dispute with regard to genuineness of documents could be resolved by referring the matter to expert---Courts below could compare the admitted thumb impressions with the alleged thumb impressions on such documents to come to a fair conclusion---No such exercise was done by the courts below---Mere mentioning of CNIC number on the court file without proper identification in the court was not sufficient to discard the contention of defendant that he had not appeared in the court and his thumb impressions were not genuine and were the result of fraud and impersonation---Courts below were required to compare the admitted thumb impressions with the alleged disputed thumb impressions itself or through expert---Real defence should be reflected from the side of defendant in the proceedings---Impugned orders were the result of patent illegality and jurisdictional error---Non-interference by the High Court in such circumstances would amount to protect fraud and deprive defendant from his valuable rights by defeating the cause of justice---Impugned orders were set aside and case was remanded to the Trial Court to decide the matter afresh after comparing the alleged forged documents with the admitted documents by itself or through an expert and if so, required also frame issues and record evidence---Constitutional petition was allowed accordingly. Sh. Muhammad Sadiq v. Elahi Bakhsh and 2 others 2006 SCMR 12; Dara and 4 others v. Khurshid Ali and 4 others 2001 SCMR 761;…

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