Law: Negotiable Instruments Act, 1881

Section: 118

Law: Constitution of Pakistan, 1973

Section: 199

Law: Civil Procedure Code (V of 1908)

Section: O.XXXVII,R.3

(a) Civil Procedure Code (V of 1908)--O.XXXVII, R.3---Negotiable Instruments Act (XXVI of 1881), S.118---Constitution of Pakistan (1973), Art.199--¬Constitutional petition---Suit for recovery of money on the basis of pronote---Trial Court had secured expert opinion qua fabrication of signatures of the defendant on the pronote in question, according to which defendant's signatures were forged---Plaintiff had impugned the report of the Handwriting Expert and the order of the Trial Court by which application of the plaintiff to secure second opinion from another Expert had been dismissed---Validity--¬Handwriting Expert who was examined on interrogatories was a Court-witness and he had not appeared at behest of any of the parties, thus question of rebuttal would not arise---Only when evidence was led by a party or at his instance, the other party could claim right to rebut---Witness was examined by Court of its own motion, therefore, the plaintiff could not claim right to produce any other evidence---Plaintiff had also concealed material facts from the High Court as he had not attached statement of the Court-witness alongwith the writ petition---High Court refused to interfere with the impugned order and to exercise discretion in favour of the plaintiff as he had not come to the Court with clean hands. Sirbaland v. Allah Loki 1996 SCMR 575; Zulfiqar Ali v. Ch. Munir Ahmad 1999 CLC 731;Ghulam Muhammad v. Munir Ahmad Shah 1994 CLC 14; Messrs Ilamuddin & Sons v. Asghar Ali and others 1970 SCMR 233; Abdul Rashid v. Pakistan and others 1969 SCMR 141; Rana Muhammad Arshad v. Additional Commissioner, Revenue 1998 SCMR 1462 and Nawab Syed Ronaq Ali v. Chief Settlement Commissioner PLD 1973 SC 236 ref. (b) Qanun-e-Shahadat (10 of 1984)--- ---Art. 59---Expert opinion---Evidentiary value---Opinion of, an expert is never binding on a Court---Such evidence is admitted in evidence only to help the Court in arriving at a correct decision but it does not follow that opinion of an expert is always correct. Muhammad Naeem's case PLD 1950 Lah. 507; Muhammad Din's case 1991 MLD 1070 and Muhammad Abdul Rehman's case 1989 MLD 2002 ref. (c) Qanun-e-Shahadat (10 of 1984)--- ----Art.…

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