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Marginal Witnesses of Agreement to Sell

2020 SCMR 197

The sale agreement has been attested by two witnesses and the omission to produce one attesting witness is of no legal consequence in terms of Article 81 of the Qanun-e-Shahadat Order, 1984. Article 81 is an exception to the general rule that where a document is required by law to be attested the same cannot be used in evidence unless two attesting witnesses are called for the purposes of proving its execution. The simple reading of Article 81 shows that where the execution of a document is admitted by the executant himself, the examination of attesting witnesses is not necessary.

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