Law: Contract, Act, 1872

Section: 62

Law: Specific Relief Act, 1877

Section: 24(b),72

Law: Civil Procedure Code (V of 1908)

Section: 35-A

Law: Qanun-e-Shahadat (10 of 1984)

Section: 102

(a) Contract Act (IX of 1872)--- ----S. 62---Qanun-e-Shahadat (10 of 1984) Art. 102---Novation of contract---Proof of novation of contract, essential ingredients---Scope---"Novation of contract" was where new contract was substituted for a contract in existence, either between the same parties or between different parties, and the consideration mutually being the discharge of the old contract---When an agreement was substituted, both such agreements were supposed to be read together to form a complete subsisting agreement---For proving of novation of contract it must be shown that firstly there was existence of a previous valid agreement; secondly, there was an agreement of the parties to cancel the first agreement; thirdly that there was agreement of the parties that the second agreement replaced the first one; and fourthly to prove validity of the second agreement---Novation was a form of affirmative plea and the party who canvassed the same had the burden of proving it by satisfactory evidence---Article 102 of the Qanun-e-Shahadat, 1984 forbade proving contents of writing otherwise than by writing itself and best evidence about contents of a document was the document itself and production of the same was required by law in proof of its contents and basic requirement of law was to see the terms incorporated in such a document. Benjamin v. Alfred George Jordine (1982) 7 A.C. 345 and Hazratullah v. District Council, Haripur 1997 SCMR 1570 rel. (b) Contract--- ----Principles of contract law---Validity of contracts/transactions by illiterate persons---Fraud and undue influence in a contractual arrangement---Burden of proof---Maxim "non est factum"---Exceptions in adjudication by Courts for illiterate person(s) vis- -vis performance of contractual obligations---Scope---"Non est factum" ("it is not my deed,) was a defence in contract law which allowed a signing party to escape performance of an agreement which was fundamentally different from what he or she intended to execute or sign---Person challenging the validity of a transaction, ordinarily, on the ground of fraud or undue influence, had to discharge burden of proof---Major exception to said rule was when…

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