Law:

Section:

Qanun-e-Shahadat Order, 1984 (10 of 1984)-- ----Arts. 47 & 84(3)--Civil Procedure Code, (V of 1908), S. 151--Report of finger print--Thumb impression--Application for production of deed and requested to send deed for comparison of thumb impression--Difference between thumb impressions--Request was turned down only a flimsy ground that it was produced at belated stage--Validity--Section 151, CPC empowers Court to make any such orders as may be necessary for ends of justice or to prevent abuse of process of Court--Trial Court for decision afresh after giving an opportunity of production of original deed and if so needed, comparison of thumb impression with admitted thumb impression, recording of statement of PW and also decide issue of admissibility of certified copy of statement of finger expert or if need be may send original deed for comparison of thumb impression on deed with admitted thumb impression of petitioner--Case was remanded. THIS JUDGMENT DELIVERED BY: MUHAMMAD GHAZANFAR KHAN, JUSTICE:---.--- The petitioners have assailed judgments and decrees of two Courts below passed against them vide judgments and decrees dated 31.03.2011 of the trial Court and 28.03.2012 of the Appellate Court. This case pertains to registered deed No. 64 attested on 06.10.2007. The present respondent contested the suit by filing written statement and has raised several legal and factual objections. 2. After hearing arguments of both the sides, it transpired that during whole proceedings the original impugned deed was never produced before the trial Court. However, the present petitioners moved an application dated 22.12.2010 for production of the said deed and requested the trial Court to send the said deed for comparison of thumb impression of the plaintiff on the said deed. The entire record available on the file and judgments of both the Courts below are silent about decision of the application rather both the Courts below have relied upon the report of Finger Expert, which was available in a criminal case that too was produced by the defendant from his own custody and was accepted with certain objections. Though the trial Court has itself examined the thumb impression…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492