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

Section: 84,17,79

Qanun-e-Shahadat (10 of 1984)--- ----Arts. 84, 17 79---Comparison of signature, writing or seal with others admitted or proved---Competence and number of witness---Proof of execution of document required by law to be attested---Scope---Plaintiff through an application, sought a direction to the defendant under sub-Article (2) of Art. 84 of the Qanun-e-Shahadat, 1984, to write certain words in Urdu so as to compare his handwriting with the one that he allegedly made on the iqrarnama---Validity---Iqrarnama was a document relating to a financial obligation, it was required by Art. 17(2)(a) of the Qanun-e-Shahadat, 1984, to be attested by two witnesses---Provisions of Art. 79 of the Qanun-e-Shahadat, 1984, were applicable to the iqrarnama which mandated that it could not be used as evidence until two attesting witnesses at least had been called for the purpose of proving its execution---Plaintiff had not called and examined the attesting witnesses to the iqrarnama---Mode of proof by way of Art. 84 of Qanun-e-Shahadat, 1984, was not the most desirable mode in that the signature and handwriting of a person could vary with time and age or a person called upon under sub-Article (2) of Art. 84 to give specimen of his signature or handwriting could feign the same to defeat the comparison--- ORDER ADNAN IQBAL CHAUDHRY, JUSTICE:---.--- -By C.M.A. No.16741/2018 the Plaintiff prays for a direction to the Defendant under sub-Article (2) of Article 84 of Qanun-e-Shahadat Order, 1984 to write certain words in Urdu so as to compare his hand-writing with the one that he allegedly made on the Iqrarnama which is a document filed with the plaint as Annexure-A/4 and produced by the Plaintiff in his evidence as Exhibit-26. Such application has been moved by the Plaintiff at the stage of the Defendants evidence. 2. The Iqrarnama, dated 19-01-2015, is in typed Urdu and states that the Defendant acknowledges that he has obtained a certain loan from his brother, the Plaintiff; that in consideration thereof the Defendant delivered possession of the second floor of his house to the Plaintiff for his residence; that the Defendant will return the loan within two years, and till such time the…

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