Case Details

Citation(s)
1981 SLG 3108 = 1981 SLD 3108 = 1981 CLC 867
Court of Special Judge, Karachi
First Appeal No. 57 of 1967, decided on 4th December, 1980.
Presented By: Naimuddin and K. A. Ghani, JJ
S. M. Sadiq for Appellant. Wajihuddin Ahmed for
Respondents Nos 2 and 3.

MUHAMMAD NAWAZ-Appellant/Plaintiff

VERSUS

JIAND RAI AND 2 OTHERS-Respondents/Defendants

Law: Evidence Act, (1 of 1872)

Section: 60, 68, 101, 103, 3, 58

Law: Civil Procedure Code (V of 1908)

Section: O. XVIII, r. 18, r.1, r.5

(a) Evidence Act (I of 1872)  S. 60 read with S. 68--Documents not under purview of S. 68- Proof of time of execution of-Document not required to be proved by any attesting witness but question involved as to when document executed-Held, necessary for appellant to examine stamp vendor, scribe, executants, attesting witnesses or some of them in corrobora tion of his evidence. (b) Evidence Act (I of 1872) Ss. 101 to 103-Recitals in document-Contradiction of-Appel lant relying on statement of delivery of possession of disputed land in agreement-Held, every recital in a deed not conclusive evidence of statement contained therein. Ghulam Hassan and others v. Sarfraz Khan and others P L D 1956 S C (Pak.) 309; Shamshad Ali Shah and others v. Syed Hassan Shah and others P L D 1.964 S.C 143 and Ashiq Hussain and another v. Ashia Ali 1972SCMR50rel. (c) Civil Procedure Code (V of 1908) O. XVIII, r. 18 read with Evidence Act (I of 1872), S. 3-Site inspection note-Evidentiary value of -Held, statement recorded by Judge during course of inspection-Of no evidentiary value unless person whose statement recorded subjected to cross-examina tion or opposite-party given opportunity to do so. Muhammad Amin and another v. Chief Judge, Small…
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