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JANG BAHADAR AND OTHERS versus TOTI KHAN


Sections 8, 42 and 54 Conan Martyrs (10 of 1984), Arts 75 and 100 Will, sons and daughters of two different wives of the plaintiff's proprietor on the execution of the Ounce to prove the document over thirty years old There were. Except for the lawsuit, the case was filed on the basis of the whale allegedly executed by his father. The trial court ruled in favor of the plaintiffs but the High Court with the jurisdiction of the appeal. This appeal was granted and the plaintiff's claim denied because it was claimed to be of benefit. The villain's document, therefore, required him to prove his execution by the slightest testimony and the author of the instrument and if such witnesses were not alive / could not be found to be acquitted, as the case was in the plaintiff's explanation. May fail. The default, even the original document was not prepared. No possibility of its execution could be attached to the meaning of Article 100 of the Law Martyrdom, 1984. There were allegedly cash drawings by the High Court in connection with the alleged will, for the plaintiffs to produce the original document. If, in the event of failure to do so, the document is misplaced or lost, destroyed or in the possession of another person who should not be able to present it, it is provided to the court by request or consent. Will be. For the preparation of secondary evidence, at least in the form of a copy that was not made by the plaintiffs, it was a matter of caution and caution in attachment to the execution of the document when the parties concerned speculated on the property rights. Reduce

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