Law:

Section:

Qanun-e-Shahadat (10 of 1984)-------Arts. 76, 77 & 85(5)---Dispute as to execution of registered document---Original registered document, not produced---Effect---Secondary evidence, production of---Scope---Plaintiff filed suit seeking declaration that plaintiff was owner in possession of suit-land on the basis of registered sale-deed---Plaintiff could not produce registered sale-deed on ground that it was .lost, attesting witnesses had died and therefore plaintiff could only produce its copy in evidence---Defendants contested suit mainly on point that as original sale-deed had not been produced in Court, its copy was inadmissible in evidence---Trial Court decreed suite and appeal filed there against by defendants was dismissed by Appellate Court---Validity---Under Arts. 76 and 77, Qanun-e-Shahadat, 1984 original registered document had to be produced as primary evidence by plaintiff---Where original document was not available permission of Court was to be sought by plaintiff for leading secondary evidence to prove document itself---No presumption of correctness attached to a registered document once its execution was disputed---Under Art.85(5) of Qanun-e-Shahadat, 1984 a registered document ceased to' be a public document, the moment its execution was disputed.. While admitting copy of original document in evidence both Courts below acted without jurisdiction---Case was remanded by High Court. Muhammad Ramzan Khalid Joiya for Petitioners. Mirza Aziz Akbar Baig for Respondents. ORDER MAULVI ANWARUL HAQ, J. --- For the order I propose to pass in this case, I will not be referring to the pleaded facts in much detail. Suffice it to say that on 20-7-1996 respondent No.1 filed a suit against the petitioners and the remaining respondents seeking a declaration that she is the owner in possession of the suit property on the basis of a registered sale-deed, dated 16-8-1979 and subsequent Mutation No.215, attested on 29-5-1982, Mutation No.339 attested on 27-6-1983, Mutation No.629 attested on 10-12-1987, Mutation No.738 attested on 2-8-1989, Mutation No.770 attested on 30-8-1989, Mutation No.424 attested on 25-5-1984 and Mutation No.1001 attested on 31-12-1991 are…

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