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
Subject matter: Civil

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)---Withholding of best available evidence---Effect---Non-production of material witness or non-impleading of necessary party. The principle embodied in Article 129(g) of the Qanun-e-Shahadat Order, 1984 provides that where a party fails to produce the best available evidence or withholds material evidence without sufficient explanation, an adverse inference may be drawn against such party. Held: Failure to implead a party having close proximity to the matter in controversy or failure to summon such person as a witness may constitute withholding of the best available evidence. Such omission operates adversely against the party who fails to produce material evidence which was within its reach and possession. The Supreme Court observed that a party cannot succeed merely on the basis of assertions where the most relevant evidence, witness or material source has deliberately or negligently been withheld. The rule is founded upon the principle that a party who possesses the best evidence must bring it before the Court and failure to do so permits the Court to presume that such evidence, if produced, would have been unfavorable to that party.

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