| Case ID |
e970ca86-6d63-4504-8cba-5410c7ec45d9 |
| Body |
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| Case Number |
Civil Revision No. 803-P of 2013 |
| Decision Date |
Dec 06, 2013 |
| Hearing Date |
Dec 06, 2013 |
| Decision |
The revision petition was allowed, and the order dated 21-11-2013 passed by the learned Trial Court was set aside. The Court directed the learned Trial Court to consider the application of the petitioner after recording the evidence of the other party. The Court emphasized that the best evidence for the authenticity of signatures is from a handwriting expert, especially in cases where the signatures are disputed. The learned Trial Court had erred in its previous assessment that documents would benefit the defendant without proper evidence being recorded. |
| Summary |
In the case of Civil Revision No. 803-P of 2013, the Peshawar High Court addressed issues regarding the authenticity of signatures in a suit for recovery of Rs.45,50,000. The petitioner, represented by lawyer Zia-ur-Rehman Tajek, sought expert opinion on disputed documents. The Court ruled that the best evidence would come from a handwriting expert, emphasizing the necessity of proper evidence collection before making judgments on document authenticity. The decision underscores the importance of adhering to legal standards in evidence gathering and the role of expert testimony in validating signatures. This case highlights the legal principles under the Qanun-e-Shahadat related to evidence, particularly in civil disputes. The ruling is significant for practitioners in civil law, especially in cases involving forged documents and the necessity for expert evaluations in legal proceedings. |
| Court |
Peshawar High Court
|
| Entities Involved |
Not available
|
| Judges |
MALIK MANZOOR HUSSAIN
|
| Lawyers |
Zia-ur-Rehman Tajek
|
| Petitioners |
MUSHARAF KHAN
|
| Respondents |
NAIMATULLAH
|
| Citations |
2014 SLD 821 = 2014 MLD 1786
|
| Other Citations |
Fazal Muhammad and another v. Mst. Aiyshan and 9 others 1984 CLC 3401
|
| Laws Involved |
Qanun-e-Shahadat
|
| Sections |
59,
84
|