| Case ID |
08709829-a63a-4071-8282-2e2e67807ad1 |
| Body |
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| Case Number |
Civil Petition for Special Leave to Appeal No.1061 |
| Decision Date |
Feb 10, 1981 |
| Hearing Date |
Feb 10, 1981 |
| Decision |
The Supreme Court dismissed the petitioners' appeal due to their failure to produce the original documents which were alleged to be forged. The Court upheld the decision of the High Court which indicated that the onus of proof was on the petitioners and they had not successfully discharged this burden. The petitioners were unable to establish that the documents were forged based solely on oral evidence, as the absence of original documents made their claims unsubstantiated. The plea of res judicata was also found to be non-consequential in light of the petitioners' failure to prove their allegations. |
| Summary |
In this landmark case, the Supreme Court of Pakistan addressed the critical issue of the burden of proof in claims involving forged documents under Article 185(3) of the Constitution of Pakistan. The petitioners, Zarina Begum and others, contended that the documents related to property transfers were forged and sought to cancel these transfers. Despite their claims, the Supreme Court found that the petitioners failed to provide the original documents to substantiate their allegations during the proceedings. The case is significant for legal practitioners, especially in civil litigation involving property disputes, as it underscores the necessity of presenting concrete evidence to meet the burden of proof, particularly in cases of alleged fraud. The ruling reinforced the principle that the absence of original documents can critically undermine a party's case, leading to dismissal of claims in the absence of compelling evidence. This case serves as a precedent in understanding the dynamics of proof and factual substantiation in legal disputes, making it a vital reference for advocates and legal scholars alike. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
Dorab Patel,
Muhammad Haleem
|
| Lawyers |
Ch. Abdul Rehman, Advocate Supreme Court,
Ch. Akhtar Ali, Advocate-on-Record for Petitioners,
Bashir Ahmed Ansari, Advocate-on-Record for Respondents Nos. 1 and 2,
Imtiaz Muhammad Khan, Advocate-on-Record for Respondents Nos. 1 and 2
|
| Petitioners |
Zarina Begum,
Zarina Begum and anothers
|
| Respondents |
Others,
Manzoor Elahi
|
| Citations |
1986 SLD 626,
1986 SCMR 790
|
| Other Citations |
Not available
|
| Laws Involved |
Constitution of Pakistan (1973)
|
| Sections |
Art. 185(3)
|