| Case ID |
15a77476-31a9-4e66-b5c5-41647fcb22d2 |
| Body |
View case body. Login to View |
| Case Number |
Civil Petition Nos. 855 of 1982 |
| Decision Date |
Mar 20, 1983 |
| Hearing Date |
|
| Decision |
The petitioners, who are defendants in a suit for permanent injunction, moved an application to produce certified copies of documents after their evidence had been completed. The trial Court refused the application, and subsequent appeals were dismissed. The High Court held that the documents were not public documents under Section 74(5) of the Evidence Act, as registration does not automatically classify a document as public. The petition was ultimately dismissed. |
| Summary |
In the case of Civil Petition Nos. 855 of 1982, the Supreme Court of Pakistan deliberated on the admissibility of documents in a permanent injunction suit. The petitioners sought to introduce certified copies of a power of attorney and a sale deed after their evidence was completed, citing inadvertence as the reason for the delay. The trial Court's refusal to allow these documents was upheld by the Additional District Judge and later by the Lahore High Court. The High Court concluded that the documents in question did not qualify as public documents under the Evidence Act, specifically Section 74, which delineates the criteria for public documentation. The Supreme Court's decision emphasized the distinction between registered documents and public documents, reiterating that mere registration does not confer public status upon a document. This ruling reinforces the principles of evidence and the importance of timely submission of documents in legal proceedings. The case highlights the procedural rigor required in civil litigation and the necessity for parties to adhere to evidentiary rules to ensure fair trial standards. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
ASLAM RIAZ HUSSAIN,
MUHAMMAD AFZAL ZULLAH,
M. S. H. QURAISHI
|
| Lawyers |
Abdul Majid Khan, Senior Advocate Supreme Court,
Sh. Abdul Karim, Advocate on-Record
|
| Petitioners |
MUHAMMAD SHARIF,
OTHERS
|
| Respondents |
OTHERS,
Mst. NAZIR BEGUM
|
| Citations |
1983 SLD 439 = 1983 SCMR 728
|
| Other Citations |
Gopal Das v. Sri Thakurji A I R 1943 P C 83
|
| Laws Involved |
Evidence Act (I of 1972)
|
| Sections |
74(2),
74(5)
|