25/09/2026
The principle is well settled that a document relied upon by a party must be produced through the party itself or a competent witness, so that its contents may be subjected to the scrutiny of the opposite party through cross examination.
The record shows that the said mutation, upon which the appellant seeks to establish her title, was not produced by her in her own evidence; rather, it was tendered by her learned counsel. This manner of production is not sufficient to bring the document into evidence.
An alienation of the property during the pendency of the civil suit, without the authority of the Court, attracts Section 52. While a transferee pendente lite may ordinarily be permitted to participate in the proceedings so as to protect whatever interest he claims, such participation does not free the transaction from the consequences of the doctrine.
C.A. No.51-L of 2025
Mst. Shahnaz Kausar vs Muhammad Rafique and others
18-09-2026
