The next argument on behalf of petitioners that to prove that questioned document was not thumb marked by the ladies, it was obligatory for them to have requested for referring the specimen of their imprints for comparison to the Finger Print Bureau is not tenable. The onus as discussed earlier was shifted upon the petitioners and in such eventuality, they being beneficiaries especially when no direct evidence to prove the questioned document was examined, could avail this alternative mode while making a prayer for the matching test, but no such effort at their end was made and by not resorting to this exercise, they themselves incurred a presumption against them. See Muhammad Qayyum and 2 others Vs. Muhammad Azeem Through Legal Heirs and another (PLD 1995 SC 381).
Used in Judgment of
Lahore High Court
Civil Rev. Against Decree
784-D-06
2018 LHC 3056
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