Thumb Impression and Impersonation Case Law CNIC number different.

PLJ 2013 Lahore 601
[Multan Bench Multan]
Present: Abid Aziz Sheikh, J.
WAHID BAKHSH--Petitioner
versus
ADDL. DISTRICT JUDGE, KOT ADU, DISTRICT MUZAFFARGARH and 5 others--Respondents
W.P. No. 9930 of 2011, decided on 24.6.2013.

Qanun-e-Shahadat Order, 1984 (10 of 1984)

----Art. 84--Thumb impression--Impersonation --Comparing documents through expert--Application for cancellation of written statement and power of attorney was dismissed--Documents were part of judicial proceedings--Presumption of truth--Validity--Neither any issue had been framed nor any evidence had been recorded to determine whether written statement and power of attorney which was challenged being forged and fabricated document was genuine document--Dispute regardinggenuiness of these documents could also be resolved by referring matter to expert or Courts below under Art. 84 of Order,, 1984 could compare admitted thumb impressions with alleged forged thumb impression of these documents to come to fair conclusion regarding genuiness or otherwise of these documents--

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Mere mentioning of CNIC number on Court file without his proper identification in Court is not sufficient to discard that thumb impressions were not genuine and was result of fraud and impersonation

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--Courts below were required to at least compare admitted thumb impression with alleged disputed thumb impression itself or through expert--Where it is alleged that fraud had been committed and consenting written statement had been filed due to collusion and impersonation, Court itself can look into allegation and if need,

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be decided matter by framing issues. [Pp. 603 & 605] A, B & D

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Civil Procedure Code, 1908 (V of 1908)--

----Ss. 12(2) & 151

--Cancellation of written statement--Suit for specific performance of contract on basis of agreement allegedly executed consenting written statement and fake and fabricated power of attorney and thumb impressions on documents were absolutely forged.