| Citation(s) |
|---|
| 2022 SLG 1004 2022 SLD 1004 2022 SCMR 842 |
Supreme Court of Pakistan
Civil Appeal No. 219 of 2016, decision Dated: 8-12-2021, Date of hearing: 8-12-2021 (Against the judgment Dated 01.10.2014 passed by the Lahore High Court, Bahawalpur Bench in Civil Revision No. 249-D of 2010/BWP)
AMIN-UD-DIN KHAN, JUSTICE, JAMAL KHAN MANDOKHAIL, JUSTICE
Muhammad Shahid Kamal Khan, Advocate Supreme Court for Appellant. Mian Shahid Iqbal, Advocate Supreme Court for
Respondent No. 1(i).
Civil Appeal No. 219 of 2016, decision Dated: 8-12-2021, Date of hearing: 8-12-2021 (Against the judgment Dated 01.10.2014 passed by the Lahore High Court, Bahawalpur Bench in Civil Revision No. 249-D of 2010/BWP)
AMIN-UD-DIN KHAN, JUSTICE, JAMAL KHAN MANDOKHAIL, JUSTICE
Muhammad Shahid Kamal Khan, Advocate Supreme Court for Appellant. Mian Shahid Iqbal, Advocate Supreme Court for
Respondent No. 1(i).
ABDUL AZIZ
VS
ABDUL HAMEED (DECEASED) THROUGH L.RS.
Law: Registration Act, 1908
Section: 35,47,60
Law: Qanun-e-Shahadat (10 of 1984)
Section: 90
(a) Administration of justice--- ----Judicial proceedings---Presumption of correctness---Scope---Strong presumption of correctness and sanctity of high order is attached to judicial proceedings and records and to outweigh the same, strong and unimpeachable evidence is required. Waqar Jalal Ansari v. National Bank of Pakistan and another 2008 SCMR 1611; Fayyaz Hussain v. Akbar Hussain and others 2004 SCMR 964; Muhammad Ramzan v. Lahore Development Authority, Lahore 2002 SCMR 1336 and Syed Ali Asghar and 3 others v. Creators (builders) and 3 others 2001 SCMR 279 ref. (b) Qanun-e-Shahadat (10 of 1984)--- ----Art. 72---Contents of document---Proof---Article 72 of Qanun-e-Shahadat Order, 1984 provides that contents of documents may be proved either by primary or secondary evidence---Best evidence about the contents of a document is, therefore, the document itself and it is the production of the document that is required by law in proof of its content. Abdullah v. Shaukat 2001 SCMR 60 ref. (c) Registration Act (XVI of 1908)--- ----Ss. 35, 47 , 60---Qanun-e-Shahadat (10 of 1984), Art. 90---Registered document---Presumption of correctness---Scope---Registered document carries presumptions attached to it under sections 35, 47 , 60 of the Registration Act, 1908 and under Article 90 of the Qanun-e -Shahadat Order, 1984---Court will presume correctness of the registered document in accordance with the presumptions attached unless the same are disputed or rebutted. Muhammad Siddique (deceased) v. Mst. Noor Bibi (deceased) 2020 SCMR 483; Abdul Razaq v. Abdul Ghaffar 2020 SCMR 202; Anjuman-e-Khuddam-ul-Qurtan, Faisalabad v. Lt. Col (R) Najam Hameed PLD 2020 SC 390; Muhammad Idrees v. Muhammad Pervaiz 2010 SCMR 5 and Rasool Bukhsh and another v. Muhammad Ramzan 2007 SCMR 85 ref. JUDGMENT: AMIN-UD-DIN KHAN, JUSTICE:---.--- Leave was granted vide order dated 31.03.2015, which is reproduced:- ‘This petition has arisen out of the judgment dated 01.10.2014 passed by Lahore High Court, Bahawalpur Bench, whereby the learned Judge in its Chamber dismissed the revision petition of the petitioner and maintained the judgments of the fora below. 2. Learned ASC appearing on…
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