Ahmed Ali vs Ali Bakhsh arts — 2025 YLR 2673 QUETTA-HIGH-COURT-BALOCHISTAN

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Ahmed Ali VS Ali Bakhsh arts. 78 & 79---Comparison and verification of signatures on a document---Handwriting expert's opinion, seeking of---Evidentiary value and relevance---Denial of execution of agreements coupled with refusal of attesting witnesses to testify---Consequence---Handwriting expert opinion, relevance of---Mere verification of signatures through handwriting expert would be insufficient to prove genuineness of agreement---Principle---Plaintiff should establish case through solid and cogent evidence instead of seeking handwriting expert's opinion which is a weak type of evidence---Facts of the case were that the petitioner filed a suit seeking declaration, permanent injunction, and cancellation of land entries regarding certain property, whereby, he claimed ownership of the disputed land but alleged that the respondents (defendant Nos. 1 & 2) fraudulently transferred the property---The parties had entered into two agreements (Exh. P/8-a and Exh. P/8-B), but the respondents failed to fulfill their conditions---During cross-examination defendant No. 1 refused to admit his signatures on these agreements---The petitioner then moved an application under art.78 of the Qanun-e-Shahadat, 1984 read with S. 151 C.P.C. requesting comparison and verification of the signatures of defendant No. 1 and the attesting witnesses through a handwriting expert---The Trial Court dismissed this application and the revisional court also rejected the petitioner's plea, consequently, the petitioner/plaintiff filed the present constitutional petition requiring determination as to "whether the Trial Court and the revisional court erred in law by refusing the petitioner's application for handwriting expert examination under art.78 of the Qanun-e-Shahadat, thereby depriving him of an opportunity to establish the authenticity of disputed agreements and to place crucial evidence on record"---Held: The petitioner/plaintiff ought to have established his case on the basis of solid and cogent evidence and he could not be allowed to take the benefit of expert opinion which otherwise was altogether a weak piece of evidence---Since the defendant No.1 had specifically denied the execution of agreements in question even both the witnesses of the agreements had also refused to appear and record their statements in the court in favor of the petitioner/plaintiff, thus under such circumstances no fruitful purpose would have been served to obtain the expert opinion---It was noted that both the attesting witnesses were alive but they were reluctant to appear in the court to attest the agreements---The denial and refusal of both the attesting witnesses to appear and record their statement on oath meant that no such agreements were executed in presence of both the attesting witnesses; this verification of their signatures from the expert in no way was enough to establish the genuineness of signatures---Orders of both the courts below were based on factual and legal position of the case and no illegality was found therein---Proving the genuineness of agreements were upon the shoulders of the petitioner/plaintiff and for such purpose at least he should have produced both the attesting witnesses in court and if once they both admitted the contents of agreements that such agreements were executed in their presence, thereafter the petitioner/plaintiff could become entitled to seek the relief of placing on record the expert opinion---Present petition being devoid of merits were dismissed, in circumstances.

Ahmed Ali vs Ali Bakhsh arts — 2025 YLR 2673 QUETTA-HIGH-COURT-BALOCHISTAN

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