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

Section: 72

Law: Specific Relief Act (I of 1877)

Section: 42, 54

(a) Qanun-e-Shahadat (10 of 1984) Art. 72---Documentary evidence---Proof---Mere exhibition or producing of a document in evidence does not amount to prove it---Such produced or exhibited document in evidence does not amount to proving the same unless it is proved as prescribed under the law---Prescribed mode of proving of a document/ fact cannot be compounded by the Court which has to pronounce a judgment.        Province of the Punjab through Collector, Sheikhupura and others v. Iqbal Ahmad through LRs and others 2017 SCMR 173 rel. (b) Qanun-e-Shahadat (10 of 1984) Art. 72---Documentary evidence---Mode of producing---Principle---Documents relied upon or on the basis of which case has been filed, should be produced in evidence by party itself and a fair opportunity should be given to other party to cross-examine veracity of the same---Documents produced by counsel of party cannot be relied upon as valid piece of evidence---Ordinarily such documents are excluded from being taken into consideration.        Rustam and others v. Jehangir (deceased) through LRs 2023 SCMR 730 rel. (c) Specific Relief Act (I of 1877) Ss. 42 & 54---Suit for declaration and injunction---Documents---Proof---Appellant / plaintiff was contactor of project in question and was aggrieved of letter issued by respondent / authorities to recovery excess amount released as per escalation or de-escalation of price of cement---Suit was dismissed by Trial Court---Validity---Price was to be taken from the bulletin issued by Federal Bureau of Statistics for the relevant month---Appellant/plaintiff managed to take price from private shopkeepers, stockests and wholesale dealers instead of taking it from the bulletin of Federal Bureau of Statistics---Such maneuvering amounted to a deliberate bypass or violation of agreed stipulation of contract agreement---Appellant / plaintiff was not unilaterally authorized to arbitrarily alter/ modify terms and conditions and modalities of the contract---Appellant/plaintiff did not prove the case as agitated in plaint through any credible, concrete and trustworthy oral as well as documentary…