Law:

Section:

(a) Qanun-e-Shahadat (10 of 1984)------Art. 89(5)---Public document of foreign country ---Proof--Essential--­Conditions set out in Art. 89(5) of the Qanun-e-Shahadat, 1984 must be satisfied before a copy of the foreign public document becomes admissible in evidence before a Court in Pakistan. Muhammad Usman v. Lal Muhammad and others PLD 1975 Kar. 352; Fazal Hussain and others v. Sawar and others 1985 CLC 1157 and Mahboob Ali and others v. Sharifan Bibi and others 1991 CLC 1201 fol. (b) Qanun-e-Shahadat (10 of 1984)--- ----Art.89(5)---Public document---Admissibility ---Trial Court should have decided the question of admissibility of the documents, under objection, at the time when objection was raised by the respondents---If Trial Court had given its decision holding that the documents were inadmissible in evidence on account of non-fulfilment of the conditions laid down in Art. 89(5) of Qanun-e-Shahadat, 1984 the petitioners could have sought time to produce admissible copies of documents. " Sh. Fazal Elahi Shahid for Petitioner. Ayub Hassam for Respondent No. 1. Respondents Nos.2 to 7: Ex parte. Date of hearing: 15th April, 2003. JUDGMENT This revision petition filed by the plaintiffs assails the concurrent findings of the learned trial Court dated 20-12-1995 and of the learned lower Appellate Court dated 19-5-1999. The facts of this case are straightforward. The petitioners, namely, Noor Din, Safaid Khan and Shakar Bibi are brothers and sister respectively of Maqbool Ahmed (father of the respondents Nos. 1 to 5) and Fajroo Khan respondent No.7 they had a fifth brother, namely, Fazal Din, who was residing in India and is alleged by the petitioners to have died on 13-5-1986. 2. The said brothers and one sister were owners of land measuring 61 Kanals, 4 Marlas situated in Mauza Kamahan, Tehsil and District Lahore. 3. It is the case of the petitioners/plaintiffs that the respondent No. 1 Saleem Ahmed fabricated and falsely registered a power of attorney dated 19-7-1990, purportedly executed in favour of Jan Muhammad respondent No.6 by the two brothers, namely, Fazal Din and the petitioner No.2 Safaid Khan. In purported exercise of the powers vested in Jan…

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