Law: Evidence Act (I of 1872)

Section: 67

Evidence Act (I of 1872 ), S. 67-Documentary evidence--- Proof of signature---Person fully conversant with deceased's signatures not stating that deceased signed document in his presence or that signatures were in his handwriting---Document In dispute, held, not proved to have been executed by deceased.                                                                                                                            ORDER KHAWAJA MUHAMMAD SHARIF, C. J.---This is an appeal against the judgment and decree of a learned Single Judge of this Court dated 3-12-1970 by which the plaintiff-appellant's suit was decreed against Sardar Khan defendant alone but was dismissed against the other defendants-respondents. The facts giving rise to this appeal are that the National Bank of Pakistan, Muzaffarabad brought a suit on the original side of the High Court against Sardar Khan and the legal representatives of the late Raja Muhammad Haider Khan for recovery of Rs. 15,487.56 with 6 % future interest. Sardar Khan defendant bad entered into an agreement with the plaintiff Bank to take out a loan and the Bank had agreed to advance him a loan to the extent of Rs. 20,000. The late Raja Muhammad Haider Khan had allegedly executed a contract of guarantee Exh. P. D. in favour of the plaintiff-Bank for the payment of the loan advanced to Sardar Khan defendant. The learned Single Judge decreed the plaintiff's suit against Sardar Khan the principal debtor but dismissed the suit as against the legal representatives of the late Raja Muhammad Haider Khan, the surety. The plaintiff -Bank has now come up in appeal before the Division Bench against the legal representa tives of the surety praying that the decree be passed as against the legal representatives of the surety also to the extent of the assets, of the late surety, in their hands. The learned Single Judge has…