| Case ID |
17485d66-f14c-4bdb-9de9-56114c6ee566 |
| Body |
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| Case Number |
W.P. No. 6404 of 2020 |
| Decision Date |
Jan 24, 2023 |
| Hearing Date |
Jan 24, 2023 |
| Decision |
The Lahore High Court allowed the petition, declaring the impugned orders passed by the learned Courts below to be illegal and without lawful authority. The court emphasized the right of a party to seek assistance from the courts for comparison of thumb-impressions and signatures when their authenticity is disputed. The petitioner had previously applied for this comparison, which was unjustly declined. The court directed the lower court to expedite the process and decide the suit within two months after receiving the expert's report. |
| Summary |
In the case of AASHIQ HUSSAIN v. FIDA HUSSAIN and others, the Lahore High Court addressed the issue of the comparison of thumb-impressions and signatures in a dispute over the authenticity of certain legal documents. The petitioner challenged previous court orders that dismissed their application for this comparison. The court underscored the importance of allowing such requests to ensure justice is served, particularly when a party denies the execution of a document. The decision highlighted that courts should adopt a liberal approach towards such requests, as it is essential for establishing the validity of claims made by parties in litigation. The ruling reaffirms the procedural rights afforded to litigants under the Constitution of Pakistan, aiming to uphold the integrity of the judicial process. This case serves as a significant precedent in the realm of document authenticity disputes, reinforcing the need for expert verification to ensure fair adjudication. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
Muhammad Sajid Mehmood Sethi, J.
|
| Lawyers |
Mr. Muhammad Ihsan Gondal,
Mr. Muhammad Ashraf Saggu
|
| Petitioners |
AASHIQ HUSSAIN
|
| Respondents |
FIDA HUSSAIN and others
|
| Citations |
2023 SLD 6966,
2023 PLJ 384
|
| Other Citations |
2020 CLC 243,
2018 SCMR 2080,
2012 SCMR 1258,
2000 YLR 2789,
PLJ 2014 Lah. 193,
2019 CLD 894
|
| Laws Involved |
Constitution of Pakistan, 1973
|
| Sections |
199
|