Proof of Execution of Documents Required by Law, its Modes and Manners- Importance in Evidence

456 Pages Posted: 22 Aug 2016

Date Written: August 16, 2016

Abstract

1. We will study and discuss the role of the judge and how he or she gets satisfaction of his or her heart and conscious regarding the truthfulness of the fact of execution of the document fully and lawfully. 2. We shall study and discuss what are the powers and functions of a judge while recording such evidence? 3. What is mandatory for him/her and what is discretionary for him/her? How he/she is to exercise both kinds of powers conferred upon him/her by the relevant law? 4. Where law is silent (whether substantial or procedural), how a judge is to proceed?

Explaining the objectives: The subject relates to the Law of Evidence applicable in Pakistan which is the Qanun-i-Shahadat Order, 1984. After presentation of Plaint, its registration in the Register of Suits and allotment of a number, examination of the Plaintiff, notice to the defendant and his filing of the written statement, framing of the issues, summoning and appearance of the witnesses, the stage of documentary evidence comes. Mere production of a document is not sufficient its execution in accordance with law is equally necessary. Alleging of Execution is one thing and its proving at the trial in accordance with the law is another. This is called showing of the execution of the document. This showing is in fact proving to the satisfaction of the Court of its having been scribed between the parties and all codal formalities have been observed in the process and there is no concealment or fraud on the part of the executing party nor any other lacuna in the sight of the law in force relevant to such execution. Thus in this session we will study and discuss the role of the judge and how he or she gets satisfaction of his or her heart and conscious regarding the truthfulness of the fact of execution of the document fully and lawfully. Another objective of this session is that we shall study and discuss what are the powers and functions of a judge while recording such evidence? What he or she is to do and what he or she is not to do? What is mandatory for him/her and what is discretionary for him/her? How he/she is to exercise both kinds of powers conferred upon him/her by the relevant law? Where law is silent (whether substantial or procedural), how a judge is to proceed?

Learning outcomes: After attending this session, the participants will be able to:

1. understand and apply the relevant provisions of Qanun-i-Shahadat Order with respect to proof of execution of document 2. identify the pitfalls and errors that render the evidence that has come on record as free from incorrectness, impropriety and illegality 3. develop skill to appreciate a document with reference to its constituents and observation of all codal formalities 4. develop a checklist to verify if the document is executed in accordance with law. 5. show the attitude of grasping inadmissibility and irrelevancy of any piece of evidence.

Keywords: Proof, execution, documents. law, modes, manners, evidence, truthfulness of the fact, power and functions of a jusge, recoding, appreciation, admissibility, relevance, substantive, documentary, oral, circumstancial, procedural. contents, primary, secondary, rule, instructions, orders, checklist.

Suggested Citation

Mughal, Munir Ahmad, Proof of Execution of Documents Required by Law, its Modes and Manners- Importance in Evidence (August 16, 2016). Available at SSRN: https://ssrn.com/abstract=2824855

Munir Ahmad Mughal (Contact Author)

Punjab University Law College ( email )

(Res.)125-B, Judicial Colony, Lahore
Lahore, Punjab 54000
Pakistan
042-35304847 (Phone)
042-35311498 (Fax)

Superior Law College

(Res.)125-B, Judicial Colony
Lahore, Punjab 54000
Pakistan
0092-42-35304847 (Phone)
0092-42-35311498 (Fax)

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