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

Section: 129(g)

Law: Civil Procedure Code (V of 1908)

Section: 1.75,132

(a) Qanun-e-Shahadat (10 of 1984)--- ----Art. 129(g)---Withholding/non-production of witnesses by the plaintiff---Effect---Where a party keeps hold of the witnesses, the presumption would be that if such witnesses were produced, their testimony must be against him, therefore adverse inference of withholding evidence goes against the party who failed to call the concerned person engaged in the transaction who was in a better position to give firsthand and straight narrative of the matter in controversy. (b) Civil Procedure Code (V of 1908)--- ----O.VI, R.1---Pleadings---Scope---No party can lead evidence beyond the pleadings. (c) Pardanashin lady--- ----Meaning---Phrase Pardanashin lady depicts a woman who heeded stringent and unyielding canons and ethics of seclusion and privacy and according to the customs may object to show up in a public office or have no communication except behind the screen with any male person except near relatives. (d) Pardanashin lady--- ----Transaction concerning property enterted into by a Pardanashin or illetrate lady---Principles and burden of proof. In case of a document executed by a Pardanashin lady, the burden of proof is on the party who depends on such a deed to persuade and convince the Court that it has been read over and explicated to her and she had not only understood it but also received independent and disinterested advice in the matter. The said parameter and benchmark is equally applicable to an illiterate and ignorant woman who may not be a pardanashin lady. If authenticity or trueness of a transaction entered into by a pardanashin lady is disputed or claimed to have been secured on the basis of fraud or misrepresentation, then onus would lie on the beneficiary of the transaction to prove his good faith and the court has to consider whether it was done with freewill or under duress and has to assess further for an affirmative proof whether the said document was read over to the pardanashin or illiterate lady in her native language for her proper understanding. Ghulam Ali and others v. Mst. Ghulam Sarwar Naqvi PLD 1990 SC 1; Janat Bibi v. Sikandar Ali and others PLD 1990 SC 642; Syed Mansoor Ahmad v. Mst. Maqbool…

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