Law:

Section:

(i) Qanoon-e-Shahadat Order, 1984 (10 of 1984)-- ----Art. 100--Thirty years old document--Presumption of execution--Onus to prove--Appellants since claimed to be the beneficiaries of the document of will, it was essential for them to have proved its execution through the marginal witnesses and the scribe of the instrument in case such witnesses were not alive could not be found to depose as the case be, which they failed to explain, nor the original document was proved--In the circumstances, as above discussed, no presumption of its execution can be attached within the meaning of Art. 100 of Qanoon-e-Shahadat Order--It is not essential for a Court to attach the presumption of execution of a document more than 30 years old in all the cases without attending to other relevant facts and circumstances of the case before raising such presumption and not merely because any such presumption was claimed to be attached to such document. [P. 522] A & B Jurisdiction-- ----Pecuniary jurisdiction--Each Bench of High Court, a Division Bench, Full Bench or Single Bench, represents the High Court and s delivered by any of the Bench shall be that of the High Court--Lapse on the part of the office for not listing these appeals in view of value of property in question before a Division Bench of the Supreme Court would not render the impugned as coram non judice and of no legal effect. [P. 523] C & D Judgment Raja Fayyaz Ahmed, J.--These two appeals are directed against the consolidated judgment passed by the learned Single Judge in Chamber of High Court of Balochistan, Bench at Sibi, whereby Regular First Appeals Nos. (S)04/2001(Q)43 & 44 of 1999 preferred by the two sets of the respondents against the judgment and decree dated 20.8.1999 decreeing the suit of the appellants was set aside, consequently the suit instituted by the said appellants was dismissed. As these appeals are the out come of a consolidated judgment mentioned above, as well as; involved common questions of facts and law, therefore, both these appeals are proposed to be decided by this single judgment. 2. The appellants and the Respondents Nos. 1 and 2 in these two appeals are the descendants of a…

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