Law: Code Of Civil Procedure, 1908.

Section: 115

SUMMARY In my considered view, the findings of the learned courts below are legally unsustainable. It is settled law that once the execution of a document is proved in accordance with the law, a presumption of truth attaches to its contents, including the recital of consideration, applying the maxim acta probant sese ipsa (documents speak for themselves). The rationale behind this presumption is rooted in public policy and the sanctity of commerce: written instruments inherently command a higher degree of credibility than oral testimony. To allow oral assertions to easily displace written obligations would introduce uncertainty and instability into legal rights. Consequently, the general rule remains that documentary evidence prevails over oral evidence. 1 Furthermore, it is also settled that when an unregistered deed is followed by possession, preference can be given to such unregistered deed over a registered deed. 2 While the presumption attached to the document was rebuttable, the onus to rebut it lay heavily on the defendants. In the instant case, Defendant No. 1 offered only evasive denials in the written statement and, significantly, failed to enter the witness box to face the test of cross-examination. Bald allegations that a deed is fictitious, unsupported by the executor’s own testimony, are insufficient to disprove the contents of a document already proved by marginal witnesses. Mere evasively assertions that the deed is factitious are insufficient to disprove execution and contents of the document. 3 Therefore, the findings of the courts below on Issues No. 2 and 3 are not tenable. 1 . Muhammad Mumtaz Shah (Deceased) through LRs. and others vs. Ghulam Hussain Shah (Deceased) through LRs. And others (2023 SCMR 1155) and Muhammad Khan deceased through L.Rs. vs. Muhammad Akram (2025 CLC 228). 2 . Rehmat Wali Khan and another vs. Ghulam Muhammad and others (PLD 2023 SC 506). 3 . Sajjad Ahmad Khan vs. Muhammad Saleem Alvi and others (2021 SCMR 415)   Laws & Sections Involved Procedural Law Section 115 — Code of Civil Procedure, 1908 (Civil Revision jurisdiction) Case Law Principles Applied Acta probant sese ipsa (documents speak for…