Case Details

Citation(s)
1992 SLG 779 1992 SLD 779 1992 CLC 1043
Lahore High Court
Civil Revision No. 1318 of 1991, heard on 8th December, 1991. dates of hearing: 27th November and 8th December, 1991
ABDUL MAJID TIWANA, J
Amir Alam Khan and Syed Najamul Hassan for Petitioners. Maqbool Elahi Malik, A.G. and Mirza Hafeez-ur-Rehman for
Respondent No. 1. Nemo for
Respondent No. 2

PERVAIZ AFZAL and others

VS

Sheikh HASSAN ALI and another

Law:

Section:

(a) Qanun-e-Shahadat (10 of 1984)--- ----Art. 84---Genuineness of document---Comparison of signatures an disputed document with signatures on the admitted document---Summoning of admitted document---Defendant, during pendency of suit against him, so long as he remained alive, avoided to furnish his specimen signatures to, the Trial Court, despite its efforts---Plaintiff after death of defendant summoning document bearing signatures of deceased defendant, which formed part of official record of Development Authority and a presumption of correctness was attached to such record, in order to obtain specimen signatures of deceased defendant--­Defendant objecting to summoning of such document on the plea that same being a forged and fabricated document could not be summoned for the comparison of signatures of his predecessor i.e. deceased defendant--­Defendant's such plea was without force for if such plea was accepted, then it would be tantamount to prejudging its inaccuracy, a course which could not be adopted---Summoning of document for the comparison of signatures of deceased defendant was a valid and justifiable order. (b) Qanun-e-Shahadat (10 of 1984)--- ----Art. 84---Comparison of signatures---No valid objection to the Handwriting Expert taking photographs of document from the official record for comparison of signatures once that document was held to be genuine, could be taken. (c) Civil Procedure Code (V of 1908)--- ----S. 115---Revision---Deceased defendant having denied his signatures on the document in question, had been avoiding to furnish his specimen signatures to the Trial Court despite its efforts---After deceased defendant's such conduct and his subsequent death, plaintiffs eventually laid hands on a document whereby, he was allotted a plot and which bore deceased defendant's signatures available in the office of Development Authority---Trial Court on request of plaintiff summoned such record for comparison of signatures of deceased defendant with the questioned document---Trial Court's order being valid, interference with that order was not warranted in revisional jurisdiction. Malik Habib Ullah Khan Tiwana v. Pakistan Cement Industries Ltd. and…
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