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---Proof---Production of two attesting witnesses---Mandatory compliance---Significance highlighted---The command of the art.79 is vividly discernible which elucidates that in order to prove an instrument which by law is required to be attested, it has to be proved by two attesting witnesses, if they are alive and otherwise are not incapacitated and are subject to the process of the Court and capable of giving evidence---The powerful expression "shall not be used as evidence" until the requisite number of attesting witnesses have been examined to prove its execution is couched in the negative, which depicts the clear and unquestionable intention of the legislature, barring and placing a complete prohibition for using in evidence any such document, which is either not the eventuality those were conceived by art.79 of the Qanun-e-Shahadat, 1984, itself not as a substitute.

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