Amir Sajjad vs Ghulam Murtaza Ch — 2025 MLD 158 LAHORE-HIGH-COURT-LAHORE

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Amir Sajjad VS Ghulam Murtaza Ch. art. 76 --- Death of a witness --- Secondary evidence ---Scope---It was evident from the subject matter agreement to sell that it bore names of two marginal witnesses--- Petitioner had conceded before the High Court that only one witness appeared before the Court but the other witness could not be produced as he had already died--- In case the said witness had passed away, then the petitioner was under an obligation to prove his death and prove through secondary evidence the elements such as comparison of signatures and thumb impressions with admitted thumb impressions and signatures on other documents and he was required to prove signatures or thumb impressions of dead person through identification of his signatures from any one of his relatives like son, brother, etc. --- Mere statement of the plaintiff regarding death of a witness did not alleviate or exonerate him to prove the contents of a disputed document---Said facts should have been pleaded and having established the non-availability of the witness by reason of his death, steps should have been taken to adduce secondary evidence with the leave of the Court--- Findings contained in the impugned judgments and decrees dismissing the suit for specific performance of agreement to sell did not warrant any interference and concurrent findings of facts could not be interfered with, especially, if the wishful thinking of the petitioner expected a different conclusion on facts than the one arrived at by the courts below---No material illegality or irregularity having been noticed in findings contained in the impugned judgments and decrees passed by the Courts below, the same were maintained --- Civil revisions were dismissed, in circumstances.

Amir Sajjad vs Ghulam Murtaza Ch — 2025 MLD 158 LAHORE-HIGH-COURT-LAHORE

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