2023 YLR 2304
Arts . 59 & 84 --- Thumb impressions --- Examination --- Expert opinion --- Scope --- In case of any dispute regarding genuineness of signatures , thumb impressions , Arts . 59 & 84 of Qanun - e - Shahadat , 1984 are enabling provisions of law --- Refusal to get comparison of thumb impressions and signatures amounts to negation of justice --- Report of fingerprint and handwriting experts are always open to objection by either side .
Suit for declaration and injunction - Fraud - Proof -Absence of details of fraud --- Necessary parties , non - impleading of Registered document ---- Presumption Respondent / plaintiff assailed Tamleek deed allegedly issued in favour of petitioners / defendants who were his sons --- Respondent / plaintiff raised the plea of fraud --- Trial Court and lower Appellate Court concurrently decreed the suit and appeal in favour of respondent / plaintiff --- Validity --- Respondent / plaintiff leveled allegation of fraud without giving its details and particulars --- In support of his allegations respondent / plaintiff recorded only his self - serving statement , and thus he failed to discharge his initial onus --- Respondent / plaintiff challenged authenticity / sanctity for registered document ( Tamleek Deed ) by leveling allegation of fraud and misrepresentation that the same was procured by petitioner / defendants with the connivance of Sub - Registrar --- When allegation of fraud and misrepresentation was level against Sub - Registrar , in such eventuality Province of Punjab and Sub - Registrar who registered the deed , were necessary parties --- Neither the Province of Punjab nor the Sub - Registrar were arranged as defendants in the suit which was defective one and decree could not be passed against a person who was not a party to the lis before the Court --- Respondent / plaintiff challenged registered Tamleek deed by instituting suit but presumption of truth and sanctity was attached to the registered document --- Strong piece of evidence was required to cast aspiration on genuineness of such registered document --- Bare words could not dislodge the presumption --- Although such presumption was rebuttable but for that a party must produce evidence on the basis of standard set forth by the Supreme Court --- High Court set aside concurrent judgments and decrees passed by two Courts below and remanded the matter to Trial Court for decision afresh ---
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