MUHAMMAD ARIF vs AZIZ-UR-REHMAN O — 2023 CLC 713 LAHORE-HIGH-COURT-LAHORE

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MUHAMMAD ARIF VS AZIZ-UR-REHMAN O.VII, R.14 & O.XIII, Rr. 1, 2, 3, 4---Qanun-e-Shahadat (10 of 1984), Arts.78 & 85(3)---Judicial proceeding--Presumption of due course and correctness---List of documents relied upon---Predecessor of petitioners filed suit for declaration before Trial Court---Respondents contested the suit through written statement---Respondents moved an application for rejection/de-exhibit of documents produced by petitioners---Trial Court accepted the application and de-exhibited the documents---Predecessor of the petitioners filed civil revision before Appellate Court---Appellate Court dismissed the civil revision of predecessor of petitioners---Held, that counsel for the predecessor of the petitioners produced documentary evidence in presence of counsel for respondents, which was got exhibited---Presence of counsels for the parties was marked by the Trial Court---No affidavit of counsel for the respondents was available to the effect that on the fateful date ,he was not present at the time of producing the documentary evidence from the petitioner's side---Presumption of due course and correctness was attached to the proceedings of the Court which was official record---Such presumption was rebuttable, but vague and meager evidence could not rebut such presumption---Strong and un impeachable evidence would be needed to rebut such presumption ---Giving preference to mere bald assertions or affidavit over judicial proceedings recorded by a Presiding Officer, if adopted, would lead to a large number of complications---In case in hand, it was evident from perusal of list of relied documents that predecessor of the petitioners relied upon certified copies of record of rights from the year 1946-47 to 1985-86 certified copy of record of right for the year 1993-94 and some other important documents---Meaning thereby, the predecessor of the petitioners had relied upon the documents---Constitutional petition was allowed, impugned judgments/orders of Trial Court and Appellate Court were set aside and documents produced by predecessor of the petitioners were deemed to be the part of the record with the direction that respondents/defendants were at liberty to rebut these documents by producing evidence on their turn.

MUHAMMAD ARIF vs AZIZ-UR-REHMAN O — 2023 CLC 713 LAHORE-HIGH-COURT-LAHORE

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