Law:

Section:

(a) Qanun-e-Shahadat (10 of 1984)------Arts. 72, 74 & 76---Secondary evidence---Production of---Record did not suggest that original document was lost or was not available or that same could not be produced without inordinate delay or that same was available on record of case in any other Court---Effect---Mere production of copy of original document, would not be enough to entitle party to suit to produce secondary evidence, unless conditions laid down in Art.76 of Qanun-e-Shahadat, 1984 for production of secondary evidence stood satisfied---Documents being not certified copies of alleged original document, no reliance could be placed thereon. (b) Qanun-e-Shahadat (10 of 1984)--- ----Arts. 100 & 101---Thirty years old documents---Presumption---If such a document was produced from the proper custody and was free from any suspicion, Court could presume signatures and any other part thereof which purported to be in handwriting of particular person, was in that person's handwriting within meaning of Art. 100 of Qanun-e-Shahadat, 1984---Provisions of Art. 100 of, Qanun-e-Shahadat, 1984, would equally apply to certified copies of documents of thirty years old in terms of Art. 101 of Qanun-e-Shahadat, 1984. (c) Civil Procedure Code (V of 1908)--- ----S. 96---Appeal---Trial Court recorded findings on proper appraisal of evidence on sound reasons---Appellants failed to point out any misconstruing or misreading of evidence or any erroneous finding or misapplication of law in findings of Trial Court---Such findings could not be interfered with by High Court in its appellate jurisdiction. JUDGMENT This appeal under sec!ion 96, C.P.C. has been directed against judgment and decree dated 25-11-1997 passed by the District Judge, Nushki, in Civil Suit No.10 of 1996 whereby the suit filed by the appellants has been dismissed. 2. Briefly, stating the relevant facts of the case are that on 12-8-1996, the appellants instituted civil suit for declaration and permanent injunction against the respondents in the Court of District Judge, Nushki on the averments that tile appellants are Lathband Bazgars of the respondents in the settled and unsettled lands situate in Mouza…

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