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Qanun-e-Shahadat (10 of 1984)--- ----Art. 76---Constitution of Pakistan, Art. 199--- Constitutional petition---Secondary evidence---Permissibility---Loss of document, required to be proved---Application for production of lost document as secondary evidence was disallowed---Validity---Proof of existence, its execution and loss of original document was mandatory especially where execution of original document was declined by the other party---Petitioner without bringing on record unimpeachable evidence and permission of the Court had sought production of documents, which was rightly disallowed by the Court---Constitutional petition was dismissed. 2001 CLC 1796 rel. ORDER SHOAIB SAEED, J.---This writ petition is filed against the impugned orders dated 3-10-2013 and 18-6-2013 passed by respondents Nos.1 and 2 respectively. 2. Brief facts of the case are that petitioner on 10-3-2010 filed a suit for specific performance with permanent injunction along with an application under Order XXXIX, Rules 1, 2, C.P.C. against the respondents Nos.3 to 7 in respect of land lot No.75 (present) Khata No.96/93 Khatooni No.251/243 Qitat No.15 total land 120 Kanals, share sold measuring 30-Kanals along with share of Ihata and share of standing trees on the basis of an agreement to sell dated 1-1-1979 for a total consideration of Rs.11,000. The agreement to sell was said to be executed on 1-1-1979 by Lehrasap Khan predecessor-in-interest of (respondents Nos.3 to 7) with the petitioner (claiming Lehrasap Khan to be his real brother). It was asserted that from the sale price, allegedly Rs.10,000 were paid earlier and after receiving the balance consideration of Rs.1000 agreement to sell was executed. Written statement was filed in this regard by respondents Nos.3 to 7. Another application under Order VII, Rule 11, C.P.C. was filed by respondents Nos.3 to 7, petitioner filed reply thereto. Out of the divergent pleadings of the parties various issues were framed. Petitioner also moved an application for producing as secondary evidence (i) agreement to sell (ii) receipt original whereof were said to have been lost by clerk of the Advocate, some time before filing of the suit. 3. Counsel…

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