Law: Evidence Act, (1 of 1872)

Section: 45, 67

(On appeal from the judgment and order of the High Court of West Pakistan, Karachi Bench, dated the 28th April 1969, in Civil Revision No. 354 of 1968).   Evidence Act (1 of 1872), ------- ------Ss. 45 & 67-Signature and hand writing, proof of-Expert issuing two certificates, one contradicting the other-Inadmissible-Certificates neither supported by affidavit nor by any independent evidence on record-Certificates, held, of no legal value and could not be considered without author being examined and subjected to cross-examination. Date of hearing : 8th January 1970. ORDER WAHIDUDDIN AHMAD, J.-This petition for special leave to appeal arises from the order of a learned Single Judge of the High Court of West Pakistan, in Revision Application No. 354 of 1968, decided on the 28th April 1969. The High Court, by this order, has remanded the case to the learned Civil Judge, Mirpurkhas, for decision of the petitioner's case under Order XXXIX, rule 1, C. P. C., after giving full opportunity to the parties to adduce evidence in support of their contentions. The dispute between the parties is in respect of 81.26 acres of land in Deh Phadro Taluka Mirpurkhas. This land belongs to the petitioner. He has developed a garden on this land. His allegation is that his garden is under the threat of complete ruination due to the options of the respondents in functioning a brick kiln on their land nearby. His allegation is that the burning of the brick kiln produces clouds of smoke and also creates an atmosphere very dangerous to the growth of the young plants and the trees in his garden. As the damages likely to be caused could not be measured in money, the petitioner brought a suit for permanent injunction against the respondents restraining them from functioning their brick kiln. The Civil Judge, Mirpurkhas, in Suit No. 85 of 1968, issued a temporary injunction to the respondents and confirmed it by an order dated the 1st October 1968. This order was upheld by the learned District Judge in appeal. The matter was then taken in the High Court in the above-mentioned revision petition and the learned Single Judge has set aside the orders of the Courts below on the ground…