2020 C L C 1733 [Lahore]
—-Parties were to produce best available evidence and failure to produce same would give rise to presumption that had such evidence been presented/ produced, then the same would have been unfavourable to party withholding such evidence.
(b) Qanun-e-Shahadat (10 of 1984)—
—-Arts. 78 & 72—Document taken in evidence, proof of —No objection by defendant regarding admissibility and proof of such document—Proof of signature
and handwriting of person alleged to have signed or written document produced in evidence — Scope— Document’s production in evidence and its admission were two different subjects and a document could be produced in evidence which was always subject to admission as required under Art. 78 of Qanun-e-Shahadat, 1984– -Courts were vested with authority and jurisdiction to ascertain genuineness and authenticity of any document in order to arrive at a just and fair conclusion on parameters of said Article—When a document had been exhibited in evidence without any objection from opposite party, then same was deemed to be proved in all aspects