FEDERATION OF PAKISTAN through Secretary, Ministry of Defence Rawalpindi vs FARRUKH INTERNATIONAL (PVT — 2023 SCMR 1118 SUPREME-COURT

Case information

Citation: 2023 SCMR 1118 SUPREME-COURT
Court: Supreme Court of Pakistan
Year: 2023
Reporter: SCMR
Parties: FEDERATION OF PAKISTAN through Secretary, Ministry of Defence Rawalpindi vs FARRUKH INTERNATIONAL (PVT
Subject matter: Criminal
Provisions referred to: Civil Procedure Code (V of 1908)

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

FEDERATION OF PAKISTAN through Secretary, Ministry of Defence Rawalpindi VS FARRUKH INTERNATIONAL (PVT.) LTD. art. 79--- Civil Procedure Code (V of 1908), O. XXXVII, Rr. 1 & 2---Suit for recovery on account of breach of contract---Contract---Proof---Petitioners/plaintiffs had relied upon a contract which admittedly pertained to financial and future obligations---Initial burden of proving the case and the documents was on the petitioners/plaintiffs---Despite the fact that the defendant was proceeded against ex parte, the Trial Court in order to satisfy itself with regard to the execution of the document, exercised its discretion by asking the petitioners/plaintiffs to produce evidence in support thereof---Law had provided a procedure for production of documents through the person concerned along with its original record---If the procedure for production of the document was not followed in the manner prescribed by law, the same could not be taken into consideration---Petitioners produced the document through their representative, who neither prepared nor attested the same---Even the original record of these documents were not produced in the Trial Court for comparison---Besides, production of the marginal witnesses of the documents in the Court was a condition precedent under article 79 of the Qanun-e-Shahadat, 1984, but the needful was not done---Petitioners had failed to prove the execution of the documents relied upon, as such, did not confirm the contents of the plaint --- Petitioners had abused the process of law by filing vexatious and frivolous claims, wasting the precious time of the Courts---Petition for leave to appeal was dismissed with costs of Rs. 100,000, and leave was refused.

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