At this stage, Mr. Umar Riaz accented that instrument of gift (Ex:DW3/5) was received in evidence without any objection, as such it stood proved, was not correct. The pivotal question in the litigation was its genuineness or otherwise. Articles 78 and 79 of the Qanun-e-Shahadat Order, 1984 are the relevant provisions, which provide procedure for proof of such like instrument. Even if it was brought on record without objection, but it could not be treated as evidence of the original having been signed and written by the persons, who purported to have written or signed it, unless the writing and their signatures were proved in terms of aforenoted provisions. The identical controversy has already been clinched by the apex Court in a case reported as Khan Muhammad Yousaf Khattak Vs. S.M. Ayub and others (PLD 1973 S.C. 160).
Part of Judgment
Lahore High court
Civil Revision
1759717.546-15
2018 LHC 2949
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