MUHAMMAD AYUB, SHOP MANAGER BATA PAK. LTD vs MUHAMMAD RAHMAN — 2026 SCMR 31 SUPREME-COURT

Case information

Citation: 2026 SCMR 31 SUPREME-COURT
Court: Supreme Court of Pakistan
Year: 2026
Reporter: SCMR
Parties: MUHAMMAD AYUB, SHOP MANAGER BATA PAK. LTD vs MUHAMMAD RAHMAN

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

MUHAMMAD AYUB, SHOP MANAGER BATA PAK. LTD VS MUHAMMAD RAHMAN. Art. 129(g)---Qanun-e-Shahadat Order, 1984---Withholding of best available evidence---Effect---Non-production of material witness or non-impleading of necessary party. Not impleading a party having close proximity to the matter, or not summoning such person as a witness, can constitute withholding of the best available evidence. Held: Such omission operates adversely against the party who fails to produce material witnesses without any explanation. The principle embodied in Article 129(g) of the Qanun-e-Shahadat Order, 1984 authorizes the Court to presume that evidence which could be produced and is withheld would, if produced, have been unfavourable to the party withholding it. Where a person has direct knowledge of the relevant facts or has a close connection with the controversy and is neither impleaded as a party nor produced as a witness, such failure creates an adverse inference against the party responsible for withholding such evidence. The Court cannot rely merely upon assertions of a party when the best available evidence has deliberately or negligently been withheld. The Supreme Court reiterated that parties are required to produce the best available evidence and failure to do so attracts adverse presumption under Article 129(g) of the Qanun-e-Shahadat Order, 1984.

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