Law: Evidence Act, (1 of 1872)

Section: 123,162

Evidence Act (I of 1872), Ss. 123, 162--When Court has authority to order production of document about which privilege has been claimed. Ordinarily where the Court is not aware of the nature of the contents of a document and privilege for it is claimed on the ground that it refers to affairs of State, the Court will accept the word of the Head of the Department and not order the production of the document, but where it is perfectly clear that the document cannot possibly refer to affairs of State, the Curt has undoubted authority to order the production of the document. Where the document was an application made to the Sub­-Registrar and the office notes on that application. Held, that it cannot possibly be said to relate to the affairs of State. The lower Court was, therefore, justified in ordering its production. Further, the documents production of which has been ordered, will not be indiscriminately put on record and offered for inspection to the plaintiffs. Only that portion of the file which is held by the Court to be relevant and which has been properly proved or is per se admissible will be made a part of the record. ORDER M. R. KAYANI, J.---Fazal Ahmad and Mst. Ali Begum sued Muhammad Sarwar for a declaration under custom that a certain sale-deed, by which their brother Muhammad Yusuf sold certain land to the defendant, was executed without consideration and without legal necessity. In order to prove that actually no sale had taken place, the plaintiffs asserted that Muhammad Yousaf, one of the executants of the sale-deed, had not appeared before the Sub-Registrar at the time of registration. It was alleged that, although the sale-deed purported to have been registered on the 21st June 1948, on the 24th June following Muhammad Yousaf made an application to the Sub-Registrar that be was not present at the registration and that someone else had personated him. This application became the subject of enquiry by the Registrar, who, however, decided that, since the document had been once registered, it was beyond his power to cancel its registration. During the course of the suit alluded to in the last paragraph, the plaintiffs applied to the Court to summon…

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