Law: Constitution of Pakistan, 1973

Section: 185(3)

(a) Constitution of Pakistan (1973)--Art.185(3)--Leave to appeal was granted to consider question whether at the time of execution of sale-deed, respondent was minor and whether the extract from the Register of Births and Deaths linked the respondent with the extract. (b) Qanun-e-Shahadat (10 of 1984)-- ---Arts.85 &, 90--Register of Births and Deaths--Copies of entries from-­Admissibility--Municipal Registers of Births and Deaths being public record, certified copies of entries in them would be admissible in evidence--Age of a person could be proved by production of certified copy of relevant entries of Register of Births and Deaths--Court was bound to presume that such certified copy was genuine. (c) Civil Procedure Code (V of 1908)-- ---O.VII, R.18--Document neither relied upon in plaint nor filed in Court before trial but brought on record at the time of recording evidence without objection from opposite side--Effect--Party not objecting to production of such document in Court would be presumed to have waived such objection. (d) Civil Procedure Code (V or 1908)-- ---O.VIII, R.3--Identity of plaintiff questioned--Objection not taken in written statement--Effect--No objection was taken in wi- itten statement as to the identity of plaintiff nor her identity disputed during proceedings nor any witness was cross-examined on that point--Such objection raised subsequently, held, would be devoid of any force. Mian Nisar Ahmad, Advocate Supreme Court and Muhammad Aslam Chaudhry, Advocate-on-Record for Appellants. S.Sajjad Raza Jafri, Advocate Supreme Court and S. Abul Aasim Jafri, Advocate-on-Record for Respondent. Date of hearing: 6th November, 1988. JUDGMENT NAIMUDDIN, J.--In this appeal leave was granted to consider the question whether at the time of execution of the sale-deed the respondent was a minor and whether the extract from the register of births and deaths linked the respondent with the extract. The relevant facts briefly stated are that the respondent tiled a suit for cancellation of the sale-deed registered on 23rd January, 1978, conveying her land to the appellants, in the Court of Civil Judge, Depalpur, on the ground that at the time of…

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