Mst. QAMAR BIBI vs SHAHAB-UD-DIN art — 2025 CLC 352 LAHORE-HIGH-COURT-LAHORE

Case information

Citation: 2025 CLC 352 LAHORE-HIGH-COURT-LAHORE
Court: Lahore High Court
Year: 2025
Reporter: CLC
Parties: Mst. QAMAR BIBI vs SHAHAB-UD-DIN 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

Mst. QAMAR BIBI VS SHAHAB-UD-DIN art. 17---attesting of document---Number of witnesses---Scribe, status of---Scope---Words "two attesting witnesses at least" show that calling two attesting witnesses for the purpose of proving its execution is a bare minimum---Nothing short of two attesting witnesses, if alive and capable of giving evidence, can even be imagined for proving execution of such document---Construing requirement of art. 17 of Qanun-e-Shahadat 1984, as being procedural rather than substantive and equating testimony of a scribe with that of an attesting witness would not only defeat letter and spirit of the said article but reduce the whole exercise of re- enacting it to a farce---Scribe of a document can only be a competent witness if he has fixed his signature as an attesting witness of the document and not otherwise--- Signing of document by scribe in the capacity of a writer does not fulfil and meet mandatory requirement of attestation by him separately, however, scribe may be examined by concerned party for corroboration of evidence of marginal witnesses, or in the eventuality those are conceived by art. 79 of Qanun-e-Shahadat, 1984 itself not as a substitute---Purpose and object of attestation of a document by a certain number of witnesses and its proof through them is also meant to eliminate possibility of fraud and purported attempt to create and fabricate false evidence for the proof thereof---Legislature in its wisdom has established a class of documents which are specified, in art. 17 of Qanun-e-Shahadat, 1984.

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