Law:

Section:

(a) Financial Institutions (Recovery of Finances) Ordinance (XLVI of 2001)------S.9-Bankers' Books Evidence Act (XVIII of 1891), S.4---Suit for declaration by plaintiff disclaiming to have obtained loan from Bank-Proof-Onus was on Bank to prove that disputed loan was advanced to plaintiff----Bank did not produce original application of plaintiff for obtaining of finance, sanction letter, finance agreement, cheque showing withdrawal of loan or any document securing finance-Even photocopies of such documents were not placed on record---Un-attested documents produced by Bank relating to another loan account would have no evidentiary value---Mutation allegedly securing finance by mortgaging land was not produced in evidence---Bank had not pleaded that cheque through which disputed amount was allegedly withdrawn by plaintiff had been lost---Plaintiff could not be burdened with disputed loan in absence of its record-- Bank had failed to prove that original record was lost---Mere oral assertion of Bank's witnesses would not be enough to prove loss of record---Bank regarding loss of record had neither made report to its Regional Manager nor lodged F.I.R.--"Bank had not obtained permission from Court to produce secondary evidence---Loss of record had not been proved, thus, secondary evidence, if led any, would become valueless---Bank did not prove that plaintiff had obtained alleged loan from Bank---Suit was decreed against Bank in circumstances. Mst. Khurshid Begum and 6 others v. Chiragh Muhammad 1995 SCMR 1237 and Mukhtar Ahinad through Legal Heirs v. Muhammad Yunus and 4 others 2001 CLC 1796 rel. (b) Bankers' Books Evidence Act (XVIII of 1891)--- ---S.4-Civil Procedure Code (V of 1908), O.XIII, R.4---Documents relating to entries in Bankers' Books not attested by Bank, but exhibited in evidence---Validity---Such documents would have no evidentiary value. (c) Qanun-e-Shahadat (10 of 1984)--- ----Arts.76 & 77---Leading "secondary evidence relating to original documents, which were lost or destroyed---Scope---Such evidence could be given after seeking permission of Court and fulfilling conditions laid down in Art.77 of Qanun-e-Shahadat, 1984. Mst. Amir v. Soini…

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