Law:

Section:

Qanun-e-Shahadat (10 of 1984)-------Arts. 76 & 77---Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974), Art. 42---Secondary evidence---Production---Essentials---Delivery of alleged divorce deed to plaintiff not proved by defendants during lifetime of plaintiff's husband---Effect---Best evidence available ought to be produced by a party to lis---Where original document was available it should have been produced as evidence for same was the best and primary evidence---Secondary evidence was admissible only in absence of primary evidence---Unless loss of original deed was proved or it was proved that original was in possession of, or under control of opposite-party, secondary evidence of the same was inadmissible---Before secondary evidence was given of contents of written document which was in possession of other side notice to produce original must be given---Where no notice was given to opposite-party to produce any document in her possession, party relying on it could not give secondary evidence to prove the same---Where there was no averment in written statement that original document (divorce deed) was in possession of plaintiff nor effort was made to move Court for giving notice to plaintiff to produce original divorce deed, in such state of affairs photostat copy of alleged divorce deed produced by defendant was inadmissible in evidence and no reliance could have been placed on such photostat copy---Even if defendant's version was accepted that deceased had divorced plaintiff, even then it had not been established by defendant that same was delivered to plaintiff during lifetime of her husband or she had any knowledge about the same---No evidence was available on record that divorce deed was received or conveyed to plaintiff---First Appellate Court had rightly ignored photostat copy of divorce deed and disbelieved scribe of divorce deed and its marginal witnesses---High Court had correctly maintained finding of -First Appellate Court---Interference in of High Court was not warranted in circumstances. ORDER MUHAMMAD YUNUS SURAKHVI, J.---Through this appeal, with the leave of the Court, the legality of an order passed by the High Court on…

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