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

Section: 76

Law: Specific Relief Act, 1877

Section: 12

Qanun e Shahadat (10 of 1984)   Art. 76 Specific Relief Act (I of 1877), S. 12 Agreement to sell Proof of documents by secondary evidence Suit for specific performance of agreement Plaintiff was allowed to lead secondary evidence in proof of his agreement to sell and the receipt relating to payment of earnest money, on his application to the effect that originals having been lost, he be allowed to lead secondary evidence alongwith the proof of loss of original documents ¬Plaintiff’s suit was decreed on basis of secondary evidence Appellate Court, however, set aside such decree on the ground that plaintiff having not proved loss of original documents was not entitled to decree High Court set aside order of Appellate Court on the ground that in earlier round of litigation, question of loss of original documents as decided by revisional Court, having attained finality, could not have been re opened Validity High Court fell in error in refusing to examine the question whether plaintiff had succeeded in establishing loss of original documents on assumption that point of allowing secondary evidence due to alleged loss of original documents had attained finality Earlier order of Revisional Court, however, revealed that evidence relating to loss of original documents and secondary evidence could be produced simultaneously but the former had to precede the latter; it had further observed that if…

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