Testimony of scribe could not be equated with an attesting witness

2020 C L C 756 [Peshawar (D.I. Khan Bench)]

                         O.XXXVII, R. 2—Qanun-e-Shahadat (10 of 1984), Art. 79—Summary suit on the basis of pronote—Document, proof of—Procedure—Testimony of scribe—Evidentiary value—Expression “shall not be used as evidence”—Plaintiff did not produce marginal witnesses of the promissory note—Trial Court decreed the suit filed by the plaintiff—Validity—Document required to be attested was not to be used as evidence unless two attesting witnesses (at least) had been called for the purpose of proving its execution— Testimony of scribe could not defeat the spirit of Art. 79 of Qanun-e-Shahadat, 1984—Provision of Art. 79 of Qanun-e-Shahadat, 1984 was mandatory in nature—Testimony of scribe could not be equated with an attesting witness however, he could be examined for corroboration of evidence of attesting witnesses—Trial Court had committed illegality while passing the impugned judgment and decree which were set aside and suit was dismissed—Appeal was allowed, accordingly

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