Law:

Section:

Specific Relief Act (I of 1877)--- ---Ss. 42 & 54-Qanun-e-Shahadat (10 of 1984), Arts.74, 75, 76, 77 & 78-Suit for specific performance of agreement and permanent injunction-Production of secondary evidence-Revision petition-Application of the plaintiff for producing secondary evidence had been rejected by the Trial Court-Plaintiff in the present case had relied on agreement of sale which allegedly was executed between him and the defendant in respect of property in question-Plaintiff had contended that original agreement of sale had been lost and despite his efforts, same was not traced out and he intended to prove the same through secondary evidence-Validity-Under Art.76 of Qanun-e-Shahadat, 1984, if an original document had been lost, evidence could be produced to prove its existence and contents, however, in the present case the plaintiff had filed application for production of secondary evidence after more than two years since the document was lost-Plaintiff had to establish execution and existence of agreement in question between the parties at first instance, whereafter he had to establish his assertion that the document in question had been lost without his fault, which made him entitled to produce secondary evidence in respect of the same-Trial Court had come to the correct conclusion which needed no interference-Plaintiff having failed to make out any case in his favour, his revision petition was dismissed. JUDGMENT MRS. SYEDA TAHIRA SAFDAR, J.---Through this order I intend to dispose of Civil Revision Petition No.450 of 2007 titled as Jalil Khan Dotani v. Dawood Ahmed and others and Civil Revision Petition No.451 of 2007 titled as Jalil Khan Dotani v. Tahir Ahmed Dar, whereby the petitioner has sought setting aside of impugned orders dated 18-9-2007 in civil suits filed by him and the contesting respondent against each other, whereby his applications for producing secondary evidence had been rejected by the trial Court. As matters in issue in both the orders are the same, thus in order to avoid any conflicting order both the petitions are decided with this common order. The petitioner sought setting aside of impugned orders which are contrary…

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