MUNIR AHMAD vs MUHAMMAD RAFIQUE arts — 2026 CLC 520 LAHORE-HIGH-COURT-LAHORE

Case information

Citation: 2026 CLC 520 LAHORE-HIGH-COURT-LAHORE
Court: Lahore High Court
Year: 2026
Reporter: CLC
Parties: MUNIR AHMAD vs MUHAMMAD RAFIQUE arts

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

MUNIR AHMAD VS MUHAMMAD RAFIQUE arts.17 & 79---Disputed document/instrument, execution of---Validity, proof and admissibility of a disputed document---Two attesting witnesses, production of---Mandatory requirement---Essence and significance stated---Consequence of non-production of two attesting witnessed highlighted---The attestation and execution both have distinct characteristics---The execution of document attributes signing in presence of attesting witnesses including all requisite formalities which may be necessary to render the document valid---While the fundamental and elemental condition of valid attestation is that two or more witnesses signed the instruments in presence of the executants---This stringent condition mentioned in art.79 of the Qanun-e-Shahadat, 1984 is uncompromising---So long as the attesting witnesses are alive, capable of giving evidence and subject to the process of Court, no document can be used in evidence without the evidence of such attesting witnesses---The provision of this article is mandatory and noncompliance will render the document inadmissible in evidence---If the execution of a document is specifically denied, the best course is to call the attesting witnesses to prove the execution---When the evidence brought forward by a party to prove the execution of a document is contradictory or paradoxical to the claim lodged in the suit, or is inadmissible, such evidence would have no legal sanctity or weightage.

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