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The Courts are not bound to order Handwriting Comparisons unless Necessary --- Lahore High Court, Lahore

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The Courts are not bound to order Handwriting Comparisons unless Necessary --- Lahore High Court, Lahore

Islamabad 21-03-2025: The Lahore High Court, Bahawalpur Bench, has dismissed [Writ Petition No. 1280 of 2025], challenging the orders of the lower Courts that refused to allow a handwriting comparison in a specific performance suit. The judgment, authored by Mr. Justice Syed Ahsan Raza Kazmi, reaffirmed key legal principles, including procedural discipline, the doctrine of estoppel, and the evidentiary weight of handwriting expert opinions.

The Petitioners had filed a specific performance suit based on an agreement to sell dated 25.12.2008, claiming it was executed between their predecessor-in-interest and the respondents’ predecessor-in-interest. After the conclusion of evidence, they sought a handwriting comparison of respondents’ predecessor-in-interest’s signatures under Article 59 of the Qanun-e-Shahadat Order, 1984, relying on records from FBR and NADRA. The trial Court dismissed the application, and a subsequent Civil Revision also failed, prompting the petitioners to approach the Lahore High Court.

Mr. Justice Syed Ahsan Raza Kazmi observed that the Petitioners filed the application at the final arguments stage without justification, which indicated an attempt to delay proceedings or fill evidentiary gaps. The Court invoked the doctrine of estoppel (Article 114, Qanun-e-Shahadat Order, 1984) as the petitioners had earlier opposed a similar request by the Respondents but later sought the same relief.

The ruling also emphasized that handwriting expert opinions are a weak form of evidence and must be corroborated with stronger and more credible proof. Citing precedents such as Mst. Noor Elahi Vs. Muhammad Abbas (PLJ 2022 Lahore 118) and Mst. Saadat Sultan Vs. Muhammad Zahur Khan (2006 SCMR 193), the Court clarified that Courts are not bound to order handwriting comparisons unless necessary. The trial Court retains discretion under Article 84 of the Qanun-e-Shahadat Order, 1984, to compare signatures itself.

The Writ Petition was dismissed in limine, with the Court concluding that the lower Courts had rightly rejected the application. Mr. Justice Syed Ahsan Raza Kazmi reiterated that Civil Litigation must be conducted with procedural discipline, and parties cannot manipulate proceedings by shifting legal stances. The judgment was approved for reporting, setting a legal precedent for future cases involving specific performance suits and evidentiary procedures.