Mst. IQBAL BIBI vs KAREEM HUSSAIN SHAH arts — 2024 SCMR 1233 SUPREME-COURT

Case information

Citation: 2024 SCMR 1233 SUPREME-COURT
Court: Supreme Court of Pakistan
Year: 2024
Reporter: SCMR
Parties: Mst. IQBAL BIBI vs KAREEM HUSSAIN SHAH arts

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

Mst. IQBAL BIBI VS KAREEM HUSSAIN SHAH arts. 95 & 119---Power of attorney, authenticity of---Burden of proof---Presumption as to Power of attorney---Since entirety of the case of the respondents (plaintiffs) hinged on the fact that the allegedly fraudulent Power of attorney was the root cause of the present lis, thus, the burden to prove such fraud, laid upon them---However, they failed to prove the same, rather the veracity of the Power of attorney was not even challenged at the evidence stage---Power of attorney was duly testified by the Consulate General of Pakistan in Malaysia and was then registered in Pakistan, therefore it qualified for the presumption of execution and authentication available as per article 95 of the Qanun-e-Shahadat, 1984---Therefore, the Power of attorney in favour of the appellants (defendants) enfolded a presumption of truth and genuineness and its admissibility could not be doubted as there existed no proof on record pointing towards it being forged---appeal was allowed.

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