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

Section: 90

  Qanun-e-Shahadat (10 of 1984)--- ----Art.    90---Certified    copy     of document---Admissibility---Certified copy of death entry was admissible in evidence---When such copy was tendered in evidence and exhibited, no objection as to its genuineness was raised or recorded---Document in question, could not have been ruled out of consideration on belated objection. Gulzar Hussain v. Abdur Rehman and another 1985 SCMR 301 rel. Qanun-e-Shahadat (10 of 1984)--- ----Art. 49---Original register maintaining death entries---Such register on the face of it appeared to have been duly maintained in regular course of business and contained death entry of person in question---Entries in such register were relevant under Art. 49, Qanun-e-Shahadat, 1984. Civil Procedure Code (V of 1908)--- ----S. 11---Res judicata, principle of---Applicability---Adverse finding recorded in judgment against successful party in litigation---Since such party could not have challenged that finding before higher forum by filing appeal or revision, same could not operate as res judicata against him in subsequent litigation. Mst. Bhirawan and 3 others v. Ahmad Bakhsh and others PLD 1955 Lah. 187; Law of Evidence Pakistani Edn., Vol. I, p. 516, Rangappa Nayakar v. Rangaswami Nayakar and others AIR 1925 Mad. 1005 and Mst. Zaib-un-Nissa and others v. Mst Hasarat-un-Nissa and others 52 IC 162 ref   Mst. Khadija Khatoon v. The Additional District Judge, Rawalpindi and 2 others PLD 1973 Lah. 463; Muhammad Anwar v. The Chief Settlement and Rehabilitation Commissioner, West Pakistan, Lahore and 3 others PLD 1975 Lah. 1463; Abdul Hamid v. Abdul Ghani 1983 CLC 1022; Midnapur Zamindari Co., Ltd. v. Naresh Narayan Ray AIR 1922 PC 241; Jhanda Singh and another v. Kesar Singh and another AIR 1930 Lah. 149 and Abdul Rehman Sikdar v. Kali Das Basu PLD 1958 Dacca 618 rel. Qanun-e-Shahadat (10 of 1984)--- ----Art.  49---Civil  Procedure  Code  (V  of  1908),  S. 115---Long-standing entry made in Register of Deaths in 1918---Evidentiary value---Entry of death in Register of Deaths kept as a public record and having remained in…