SABIR HUSSAIN vs ADDITIONAL DISTRICT JUDGE/MCAC, Layyah art — 2025 CLC 785 LAHORE-HIGH-COURT-LAHORE

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SABIR HUSSAIN VS ADDITIONAL DISTRICT JUDGE/MCAC, Layyah art. 84---Specific Relief act (I of 1877), S. 12---Suit for specific performance---application for comparison of signatures and/or thumb impression through expert---Scope---Plaintiff filed an application for comparison of thumb impressions of defendants on the agreement with their specimen/admitted thumb impressions, which was dismissed by the Trial Court, and revision filed against said dismissal order was also dismissed by the District Court---Ground for dismissal was that the report of the finger expert was a corroborative piece of evidence and the application had been filed by the plaintiff /petitioner at belated stage just to linger on the trial ,hence, the same could not be allowed---Validity---Record revealed that when the evidence was recorded, one of the defendants/respondents while appearing as a witness for defendant-side, candidly conceded that they (respondents) would have no objection if their (respondents) signatures were sent to the finger expert for comparison---Both the Courts below had ignored said aspect of the case---In order to ensure that correct conclusion was reached in the present matter, the Court could look around for evidence of un-impeccable caliber such as finger expert, more particularly, when there was a complete denial on part of the respondents/defendants that they had not affixed their thumb impression on the agreement---It was in the interest of justice that the petitioner be allowed to prove his stance by having recourse to the forensic science/handwriting expert---High Court set-aide the impugned orders passed by the Courts below ,as a consequence, application of the petitioner for conducting comparison of the thumb impression and/or signatures, of respondents, was accepted---Constitutional petition was allowed accordingly.

SABIR HUSSAIN vs ADDITIONAL DISTRICT JUDGE/MCAC, Layyah art — 2025 CLC 785 LAHORE-HIGH-COURT-LAHORE

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