GHAZI KHAN vs MUHAMMAD YOUSAF S — 2023 CLC 2098 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Citation: 2023 CLC 2098 QUETTA-HIGH-COURT-BALOCHISTAN
Court: Balochistan High Court
Year: 2023
Reporter: CLC
Parties: GHAZI KHAN vs MUHAMMAD YOUSAF S
Subject matter: Civil
Provisions referred to: S. 54---Q

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

GHAZI KHAN VS MUHAMMAD YOUSAF S. 54---Qanun-e-Shahadat (10 of 1984), Art.79---Document (sale-agreement, execution of---Proof---Marginal witness appearing as attorney of the party---Legality---Record revealed that the one marginal witness of the document-in-question appeared before the Trial Court as attorney of the respondents---Respondent/vendee should have examined him as his witness---Question was as to how the said witness could have appeared in dual capacities i.e. as an Attorney of the respondents and as a marginal witness of the document-in-question---Marginal witness merely testifies execution of a document by the parties thereto ; he is not deemed to become 'a party', and looses its character of a marginal witness---Testimony of the said witness was doubtful, questioning his impartiality and he appeared to be an interested witness, which supported the claim of the petitioner that document-in-question was indeed a forged document---Respondents had failed to prove the execution of document-in-question under Art. 79 of the Qanun-e-Shahadat, 1984---High Court set-aside the decrees and judgments passed by both the Courts below and decreed the suit filed by the petitioner / plaintiff, declaring that agreement to sell asserted by the respondent/defendants was forged one---Revision was allowed, in circumstances.

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