| Citation(s) |
|---|
| 1995 SLG 927 1995 SLD 927 1995 CLC 210 |
Lahore High Court
Regular Second Appeal No. 438 of 1977, decision dated: 1st,September, 1994
MIAN ALLAH NAWAZ, J
Ch. Khurshid Ahmad and Malik Abdul Sattar Chughtai for Appellant. Shezad Shaukat, S.M. Zameer Zaidi, Muhammad Younas Khokhar and M.R. Chughtai for
Respondents
Regular Second Appeal No. 438 of 1977, decision dated: 1st,September, 1994
MIAN ALLAH NAWAZ, J
Ch. Khurshid Ahmad and Malik Abdul Sattar Chughtai for Appellant. Shezad Shaukat, S.M. Zameer Zaidi, Muhammad Younas Khokhar and M.R. Chughtai for
Respondents
Mst. MANGTI vsMst. NOORI and others
Law:
Section:
(a) Civil Procedure Code (V of 1908)-------O.XLI, R.27---Qanun-e-Shahadat (10 of 1984), Arts. 89 & 96---Power of Appellate Court to admit additional evidence---Mode of proving foreign document---Certified copy of document of foreign judicial record also certified by Diplomatic Agent of Pakistan based in that foreign country---Evidentiary value---Where Court from whose decree had been preferred refused to admit evidence which ought to have been admitted or where Appellate Court required any document to be produced in evidence to be examined to enable it to pronounce , then Appellate Court could admit additional evidence---Document in question from a foreign judicial record authenticated by Diplomatic Agent based in that country, ought to have been admitted--High Court admitted as such document in evidence. Kessowji Issur v. GIP Ry. Co. 31 Bom. 381; Parsotim Thakur v. Lal Mohar Thakur AIR 1931 PC 143; Narasimha Murti v. Hayat Khan AIR 1940 Mad. 911; Zar Wali Shah v. Yousaf Ali Shah 1992 SCMR 1778 and Mian Aziz A. Sheikh v. The Commissioner of Income Tax PLD 1989 SC 613 rel. Allah Yar and others v. Raja and others 1989 SCMR 802; K.N. Guru Sawami v. Indo Carnatic Bank Ltd. and others AIR 1940 Mad. 873; Mirza Akbar v. King-Emperor AIR 1940 PC 176; Mad Ajab and others v. Awal Badshah 1984 SCMR 440; Bashir Ahmad v. Ahmed-ul-Haq Siddiqui 1985 SCMR 1232; Sh. Rashid Ahmad v. Settlement Commissioner, Lahore and others 1970 SCMR 280; Jehangir Rustam Kaklia v. State Bank of Pakistan 1992 SCMR 1296; Anwar and others v. Sher Bahadar and others 1990 CLC 274; Sikandar Hayat and 4 others v. Master Fazal Karim PLD 1971 SC 730; Bhag Bhari v. Akbar Khan and others 1987 CLC 1543; Sanawal Das v. Jogi Mal AIR 1924 Lah. 493; M/s. Bangal Friends & Co., Dhaka v. M/s. Gour Benode Saha & Co., Calcutta and another PLD 1969 SC 477 and Asad Ali and others v. Settlement and Claims Commissioner, Karachi PLD 1973 Note 65 at p. 88 ref. (b) West Pakistan Land Revenue Act (XVII of 1967)--- ----Ss. 42 & 52---Qanun-e-Shahadat (10 of 1984), Art. 49---Entries of mutation---Evidentiary value---Entries of mutation which were not incorporated in jamabandi would not carry presumption of…
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