Law:

Section:

(a) Qanun-e-Shahadat (10 of 1984)--- ----Art. 79---Execution of document---Proof---Words "two attesting witnesses at least"---Scope---Words "two attesting witnesses at least" show that calling two attesting witnesses for the purpose of proving execution of document is a bare minimum---Nothing short of two attesting witnesses if alive and capable of giving evidence can even be imagined for proving its execution---Construing the requirement of Art.79 of Qanun-e-Shahadat, 1984, as being procedural rather than substantive and equating testimony of scribe with that of an attesting witness would not only defeat the letter and spirit of the Art. 79 but reduce the whole exercise of re-enacting it to a farce---Provision of Art.79 of Qanun-e-Shahadat, 1984, being mandatory has to be construed and complied with as such. Nazir Ahmed v. Muhammad Rafiq 1993 CLC 257; Jagannath Khan and others v. Bajrang Das Agarwala and others AIR 1921 Calcutta 208; Imtiaz Ahmed v. Ghulam Ali and others PLD 1963 SC 382 and Jameel Ahmed v. Late Saifuddin through Legal Representatives 1997 SCMR 260 distinguished. (b) Qanun-e-Shahadat (10 of 1984)--- ----Arts. 79 & 129(g)---Execution of document---Proof---Two attesting witnesses---Failure to call one witness---Presumption---Such failure in absence of any plausible explanation may also give rise to an adverse presumption under Art. 129(g) of Qanun-e-Shahadat, 1984, against the person intending to prove the document. Dil Murad and others v. Akbar Shah 1986 SCMR 306 distinguished. Hafiz Tassaduq Hussain v. Muhammad Din through Legal Heirs PLD 2011 SC 241 rel. (c) Specific Relief Act (I of 1877)--- ----S. 12---Qanun-e-Shahadat (10 of 1984), Art. 79---Civil Procedure Code (V of 1908), S. 115---Suit for specific performance of agreement to sell---Scribe, substitute of attesting witness---Judgment at variance---Effect---Plaintiff filed suit for specific performance of agreement to sell and during trial he produced one attesting witness and scribe of the agreement---Trial Court dismissed the suit but Lower Appellate Court decreed the same in favour of plaintiff---High Court in exercise of revisional jurisdiction set aside the passed by Lower…

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