Case Details

Citation(s)
2016 SLG 1032 2016 SLD 1032 2016 PLD 160
Peshawar High Court
Civil Revision No. 617-M of 2012, decided on 6th April, 2015. Date of hearing: 6th April, 2015.
WAQAR AHMAD SETH, J
M. Ijaz Khan Sabi for Petitioner. Ghulam Nabi Khan for
Respondent.

ZARKHAWOND

VS

IMDAD ULLAH

Law:

Section:

(a) Qanun-e-Shahadat (10 of 1984)--- ----Art. 72---Proof of contents of document---Translation of documents---Competent authority to translate---Father of plaintiffs filed suit against predecessor of defendants for declaration, possession and permanent injunction claiming that they were owners of suit land---Trial Court decreed the suit giving findings on basis of documents which were either in Persian language or not legible---Appellate court disallowed appeal against and decree of Trial Court---Validity---Courts below, being not conversant with Persian language, based their findings on documents which were in Persian language---Counsel for parties were unable to interpret or translate any of such documents---Documents in question were neither got translated from any competent authority nor were the same discussed in impugned s---Other documents, apart from the ones in Persian language, were not legible---Defendants had annexed translation of said documents in Urdu language which had been translated by retired Principal of education department---Translation of the documents in Urdu was not reliable as the same was not translated by concerned department of University recognized under Higher Education Commission---Court was not in a position to understand the contents, meanings of the said exhibited documents which were in Persian---Courts below did not appreciate and reflect meanings of those document in their s---Non of the documents available in Persian language were understandable---Impugned s of courts below were based on only presumption, and the same could not be allowed to remain in field unless and until said documents were translated by said competent forum---Contents of a document could be appreciated only when the same was read and understood language-wise---High Court, setting aside impugned s, remanded case to Trial Court for decision afresh after getting translation of documents in Urdu language by competent authority---Revision petition was accepted in circumstances. (b) Qanun-e-Shahadat (10 of 1984)--- ----Art. 72----Proof of contents of document---Word "contents" used in Art.72 of Qanun-e-Shahadat, 1984, comes from the word "contain" which…
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