Case Details

Citation(s)
1983 SLG 439 1983 SLD 439 1983 SCMR 728
Supreme Court of Pakistan
Civil Petition Nos. 855 of 1982, decision dated: 20-03-1983.(From the order dated 18 9 1982 of the Lahore High Court passed in Writ Petition No. 3737 of 1982)
ASLAM RIAZ HUSSAIN, MUHAMMAD AFZAL ZULLAH AND M. S. H. QURAISHI, JJ
Abdul Majid Khan, Senior Advocate Supreme Court instructed by Sh. Abdul Karim, Advocate on-Record for Petitioners. Nemo for
Respondents

MUHAMMAD SHARIF AND OTHERS

VS

Mst. NAZIR BEGUM AND OTHERS

Law:

Section:

Evidence Act (I of 1972)-- S. 74(2), (5) Documentary evidence Public document Document does not become a public document merely because it is registered¬ document not covered by S. 74(5) Cannot be proved by production of certified copies thereof. Gopal Das v. Sri Thakurji A I R 1943 P C 83 ref. ORDER M. S. H. QURAISHI, J. The petitioners, who are defendant in a suit for permanent injunction instituted on 18 2 1977, had, at the stage when their evidence had been completed and the case had been fixed for recording the statement of their counsel and the evidence of the plaintiffs, moved an application on 9 4 1981 for permission to produce certified copies of (1) power of attorney and (2) the sale deed, on the plea that they could not produce the same earlier through inadvertence. The application was refused by the trial Court. The petitioners' revision before the Additional District Judge having failed, they instituted a writ petition before the Lahore High Court but the same, too, was dismissed in limine. The High Court noticing that the plaintiffs toad from the very outset denied the execution of the documents and challenged…
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