| Case ID |
1efa9cdc-8d8f-4557-8416-4c8bd607f5d8 |
| Body |
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| Case Number |
C.R. No. 141-D of 2014 |
| Decision Date |
Sep 10, 2015 |
| Hearing Date |
Sep 10, 2015 |
| Decision |
The High Court allowed the revision petition, setting aside the orders of both the Executing and Appellate Courts. It remanded the case back to the Executing Court for a fresh decision on the objection petition, emphasizing the need to reconsider the admissibility of the unregistered documents and the requirements for proving execution as per the law. The Court highlighted that the execution of documents involving fiscal matters must be attested by two truthful witnesses, and in this case, proper identification of signatures and the presence of attesting witnesses were not adequately fulfilled. The Court's ruling underlined the importance of following legal procedures in matters of document registration and execution, which were overlooked in the lower courts' decisions. |
| Summary |
This case revolves around the execution of a decree for the recovery of money where the objection was raised by respondents claiming to have purchased the property in question from the debtor. The High Court addressed significant legal principles regarding the admissibility of unregistered documents and the necessity of witness testimony in proving execution. The ruling underscored the critical nature of compliance with the Qanun-e-Shahadat and the Civil Procedure Code in such matters. The case serves as a precedent for future disputes involving document execution and the requirements for evidentiary support in legal proceedings. Key issues include the treatment of unregistered agreements in property disputes and the burden of proof on parties claiming rights based on such agreements. |
| Court |
Peshawar High Court
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD GHAZANFAR KHAN, JUSTICE
|
| Lawyers |
Abdul Qayum Qureshi,
Zian-ul-Abidin
|
| Petitioners |
Wazir Khan
|
| Respondents |
Muhammad Younis
|
| Citations |
2016 SLD 2155,
2016 YLR 420
|
| Other Citations |
2005 SCMR 152
|
| Laws Involved |
Qanun-e-Shahadat,
Civil Procedure Code,
Registration Act
|
| Sections |
10 of 1984,
17,
76,
79,
V of 1908,
O. VII, R.2,
O.XXI, R.10,
XVI of 1908,
S.17
|