Section 12 law evidence (10 of 1984), Article 59 suit for conclusive performance of the contract to determine the truth of the document signing (opinion of the expert trial scope court opinion while the handwriting expert opinion) Depending on the appellate court, the appellate court decided the trial court's decision on the specific performance of the contract of sale in favor of the plaintiff / transfer by setting aside the judgment and the decree even though the applicant / defendant obtained the signature. But they didn't bother to compare the signatures to the trial court on a sales contract Could inspect the contract and then give feedback on the signatures or the expert's opinion on any other kind of signatures was only acceptable to help the court formulate its opinion and form its opinion. The court was authorized for Ask for such an opinion, if it seems necessary, the court cannot independently come to its conclusion. After considering the facts and circumstances of the special case, verifying the testimony of the sales contract as well as the public opinion, and Sketch fully supported the execution of the sale agreement in his presence and the applicant / s on the other hand Did not move and was restless. The handwriting expert should have relied on the evidence of the witnesses rather than the trial court's report, and the court rejected the appellate court's ruling as invalid.
Related judgments — Karachi High Court Sindh, 2014
