| Case ID |
5c81c751-e35c-439e-82fc-a4150dc9e16b |
| Body |
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| Case Number |
Writ Petition No.1288-M of 2022 |
| Decision Date |
Nov 14, 2022 |
| Hearing Date |
Nov 14, 2022 |
| Decision |
The Peshawar High Court dismissed the constitutional petition filed by Mst. ADALAT BIBI against the orders of the Civil and Additional District Judges, which allowed the respondents to send a Tamleek Deed to the Forensic Science Laboratory for comparison of thumb impressions. The court held that the objections raised by the petitioner were misconceived, emphasizing the necessity of both direct and confirmatory evidence to assist in reaching a correct decision. The court reaffirmed that procedural laws should not hinder the cause of justice and that the authenticity of the deed was central to the case. The decision is significant in the context of procedural fairness and the evidentiary standards required in civil disputes regarding property and inheritance. |
| Summary |
This case revolves around a writ petition filed by Mst. ADALAT BIBI in the Peshawar High Court, challenging the orders of lower courts regarding the authenticity of a Tamleek Deed dated 09.08.1986. The petitioner sought to declare her right to a share in her father's legacy and to cancel the deed, which was claimed to be executed in favor of the respondents. The case highlights the evidentiary requirements in civil disputes, specifically the need for direct evidence to establish the authenticity of documents. The court emphasized the importance of procedural justice, stating that technicalities should not impede the pursuit of justice. The ruling reinforces the principle that courts should assist in ascertaining facts through appropriate evidentiary procedures, such as forensic analysis when the authenticity of a document is in dispute. The case reflects ongoing issues in inheritance law and the application of the Qanun-e-Shahadat and Specific Relief Act, showcasing the court's approach to ensuring fair adjudication in civil matters. |
| Court |
Peshawar High Court
|
| Entities Involved |
Not available
|
| Judges |
Muhammad Ijaz Khan
|
| Lawyers |
Nouman
|
| Petitioners |
Mst. ADALAT BIBI
|
| Respondents |
Mst. SOCHA BIBI and others
|
| Citations |
2023 CLC 1518 = 2023 SLD 1633
|
| Other Citations |
Anwar Khan v. Fazal Manan 2010 SCMR 973,
Amjad Khan v. Muhammad Irshad (deceased) through LRs. 2020 SCMR 2155,
Chief Executive Mepo and others v. Muhammad Fazil and others 2019 SCMR 919,
Chairman NAB v. Muhammad Usman and others PLD 2018 SC 28
|
| Laws Involved |
Qanun-e-Shahadat (10 of 1984),
Specific Relief Act, 1877,
Constitution of Pakistan, 1973
|
| Sections |
59,
72,
117,
42,
39,
199
|