MUHAMMAD MUMTAZ SHAH (DECEASED) vs GHULAM HUSSAIN SHAH (DECEASED) art — 2023 SCMR 1155 SUPREME-COURT

Case information

Citation: 2023 SCMR 1155 SUPREME-COURT
Court: Supreme Court of Pakistan
Year: 2023
Reporter: SCMR
Parties: MUHAMMAD MUMTAZ SHAH (DECEASED) vs GHULAM HUSSAIN SHAH (DECEASED) art

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

MUHAMMAD MUMTAZ SHAH (DECEASED) VS GHULAM HUSSAIN SHAH (DECEASED) art. 92---Document, contents of---Genuineness---Presumption attached with written documents---Phrase 'acta probant sese ipsa'---Scope---Once a document has been proved in accordance with law, the genuineness of its contents can be presumed and the rule the "document speaks for itself" (acta probant sese ipsa) can be deployed---Even otherwise, the rationale behind the presumptions attached to written documents stern out of both principle as well as policy---Presumptions are a matter of principle because written documents are, by their very nature, to be accorded a higher degree of credibility as opposed to oral evidence---It would bring uncertainty and chaos if written documents (and valuable rights, if any, attached to them) were allowed to be set aside on the basis of oral evidence---That is why, as a general rule, documentary evidence cannot be overridden merely by oral evidence---However, this is still a rebuttable presumption and a party seeking to rebut such a presumption must do so by bringing on record cogent and reliable evidence to the contrary.

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