2023 SCMR 1189
Suit for recovery on account of breach of contract --- Contract --- Proof --- Petitioners / plaintiffs had relied upon a contract which admittedly pertained to financial and future obligations --- Initial burden of proving the case and the documents was on the petitioners / plaintiffs --- Despite the fact that the defendant was proceeded against ex parte , the Trial Court in order to satisfy itself with regard to the execution of the document , exercised its discretion by asking petitioners / plaintiffs to produce evidence in support thereof --- Law had provided a procedure for production of documents through the person concerned along with its original record --- If the procedure for production of the document was not followed in the manner prescribed by law , the same could not be taken into consideration --- Petitioners produced the document through their representative , who neither prepared nor attested the same --- Even the original record of these documents were not produced in the Trial Court for comparison --- Besides , production of the marginal witnesses of the documents in the Court was a condition precedent under Article 79 of the Qanun e - Shahadat , 1984 , but the needful was not done --- Petitioners had failed to prove the execution of the documents relied upon , as such , did not confirm the contents of the plaint --- Petitioners had abused the process of law by filing vexatious and frivolous claims , wasting the precious time of the Courts --- Petition for leave to appeal was dismissed with costs of Rs . 100,000 , and leave was refused .
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