Law:

Section:

Qanun-e-Shahadat Order, 1984 (10 of 1984)---- --------Arts. 17 & 79----Document----Marginal witnesses----Mandatorily to appear in evidence----In absence of marginal witnesses of alleged agreement, even no secondary evidence was led by plaintiff----Moreover, scribe of agreement was not produced to prove such document----Even plaintiff/executant of alleged agreement did not bother to appear in witness box and on his behalf, his son/special attorney has deposed----No doubt, plaintiff could appoint an attorney to pursue suit, but being an executant of alleged agreement, his personal act would be required to be proved by him through his own statement and an attorney would not be substitute of plaintiff, as statement of attorney is based on hearsay evidence. Unilateral agreement---- --------Scope----Not bear signature, hence, such agreements have no legal sanction. Civil Procedure Code, 1908 (V of 1908)---- --------S. 115----Civil revision----Suit for confirmation of possession through specific performance of agreement----Loan was obtained with condition that if defendant could not return and agreement will be treated as sole agreement----Suit was filed after about 30 years of execution of alleged agreement, dismissed----Validity----Alleged agreements are fake and fictitious, whereas general power of attorneys were obtained from legal heirs by plaintiff by way of fraud on pretext of transferring disputed house in their names from department----Even no illegality or irregularity has been found in impugned s warranting interference by High Court in its revisional jurisdiction. THIS ORDER PASSED BY: IBAD-UR-REHMAN LODHI, JUSTICE The suit for confirmation of possession through specific performance of agreements filed by Khushi Muhammad predecessor-in-interest of present petitioners has concurrently been dismissed by the learned Courts below, firstly by the learned trial Court on 22.10.2004 and then by the learned first appellate Court on 09.06.2008, when appeal filed against dismissal of suit was dismissed. 2. Through the referred suit, Khushi Muhammad predecessor-in-interest of present petitioners had sought performance of four agreements allegedly executed between…

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