Mst. REHMAT BIBI vs ADDITIONAL DISTRICT JUDGE, GUJRANWALA S — 2025 CLC 1526 LAHORE-HIGH-COURT-LAHORE

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Mst. REHMAT BIBI VS ADDITIONAL DISTRICT JUDGE, GUJRANWALA S. 13---Qanun-e-Shahadat (10 of 1984), Art. 72---Civil Procedure Code (V of 1908), S. 12(2)---Constitution of Pakistan, Art. 199---Constitutional petition---Contents of document---Proof---Petitioners under S. 12(2), C.P.C. assailed judgments and decrees passed by two Courts below decreeing suit filed by respondent on the basis of compromise effected by defendant lady who was predecessor-in-interest of petitioners---Petitioners claimed that suit was filed five days after the death of their predecessor-in-interest and relied upon death certificate---Validity---Contents of a document, in particular a public document, can be proved by producing its custodian in due course---On one hand stance of respondent / plaintiff was that predecessor-in-interest of petitioners died on 19-12-2003 but on the other he produced copy of Register relating to deaths prepared by the Secretary Union Council, on the basis of information furnished by relative of the deceased(s) or Chowkidar of the village, wherein date of death of deceased defendant was mentioned as 20-05-2000---Both the Courts below were bound to take pain to unearth real date of death of deceased defendant as it was the sole decisive factor for decision of lis between the parties---In ordinary circumstances, documentary evidence outweighs oral evidence but in exceptional cases documentary evidence cannot be relied upon without due corroboration---High Court set aside orders passed by two Courts below and remanded the matter to Trial Court to determine whether predecessor-in-interest of petitioners was alive at the time of making statement before Trial Court owning compromise between the parties, as entries in documents produced by parties contradicted each other---High Court directed Trial Court to decide application filed by petitioners, under S. 12(2), C.P.C. afresh---Constitutional petition was allowed accordingly.

Mst. REHMAT BIBI vs ADDITIONAL DISTRICT JUDGE, GUJRANWALA S — 2025 CLC 1526 LAHORE-HIGH-COURT-LAHORE

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