ASHRAF ALI versus ALI MOHOMED KHAN

Section sign 73 Comparison of signatures The court compares the plaintiff's contentious signatures on a receipt with the applicants' signatures: if the court agrees with any other evidence to substantiate the signatures on the documents, simply because the court Has compared it with later signatures, not by itself. Make the basis for failing all proceedings Not every mistake of the subordinate court requires intervention

1981 C L C 675

[Karachi]

Before Saleem Akhtar, J

Syed ASHRAF ALI‑---Petitioners

versus

ALI MOHOMED KHAN‑Respondent.

Civil Revision Application No. 144 of 1977, decided on 30th November. 1980.

Evidence Act (I of 1872)----

‑‑ S. 73‑Comparison of signatures--Court comparing disputed signatures of respondent on a receipt with his admitted signatures on plaint .‑Held : Court if convinced by other evidence as to signatures on document being not genuine then merely because Court has compared with signatures obtained afterwards, by itself cannot be a ground for vitiating entire proceedings‑Every error of subordinate Court‑Does not require interference‑High: Court refrains from interfering unless some substantial injustice directly resulted from material misapprehen sion or application of law or from a material error in procedure.

Nisar Ally for Petitioner.

Khalilur Rehman for Respondent.

Dates of hearing : 1st and 8th November, 1980.

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