| Case ID |
14625fd8-08ed-4b69-9476-b362595dbe8c |
| Body |
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| Case Number |
Civil Revision No. 1078 of 2009 |
| Decision Date |
Sep 08, 2015 |
| Hearing Date |
|
| Decision |
The court found that the attesting witnesses of the notice of Talb-i-Ishhad were not competent to testify as they had no knowledge of the contents of the document they were signing. This lack of knowledge rendered them inadequate as attesting witnesses under the Punjab Pre-emption Act, which requires that such witnesses must be aware of the document's content. Consequently, the necessary legal links in the chain of Talbs were unproven, leading to the conclusion that the plaintiff's case was fundamentally flawed. The earlier judgments and decrees were set aside, and the revision petition was allowed, resulting in the dismissal of the respondents' suit without costs. |
| Summary |
In the case of Civil Revision No. 1078 of 2009, decided by the Lahore High Court, significant legal principles regarding the Punjab Pre-emption Act (IX of 1991) were examined, particularly concerning the requirements for attesting witnesses in the context of Talb-i-Ishhad. The court determined that attesting witnesses must possess conscious knowledge of the document's contents they are signing. The failure of the witnesses to meet this criterion led to the conclusion that the plaintiff's case was not sustainable. The court emphasized the importance of strict adherence to the provisions of the law for the performance of Talbs, ultimately resulting in the annulment of previous judgments and the dismissal of the plaintiff's suit. This case highlights the necessity for competent testimony in legal proceedings and serves as a precedent for future cases involving pre-emption laws. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
IBAD-UR-REHMAN LODHI, J
|
| Lawyers |
Shaigan Ijaz Chadhar for Petitioner,
Najaf Muzammal Khan for Respondents
|
| Petitioners |
MUHAMMAD IQBAL
|
| Respondents |
RASHEEDA BIBI and others
|
| Citations |
2016 SLD 926,
2016 CLC 111
|
| Other Citations |
Khuda Yar through Legal Heirs and 10 others v. Ghulam Muhammad and another 1999 SCMR 1808
|
| Laws Involved |
Punjab Pre-emption Act (IX of 1991)
|
| Sections |
13
|