Direct Evidence is better than expert Evidence
Article 59 of Qanoun-e-Shahahdat (X of 1984) proof of a fact— direct evidence— expert evidence—- where direct evidence to prove a fct was available then much importance had to be given to it, and expert evidence in such circumstance carried no legal value
Order 37 of CPC and Article 59 of Qanoon-e-Shahadat.. Summary suit for recovery of money ….. Pronote, authenticity of —- Proof— Evidence of witnesses of Pronote— Report of hand writing expert negating authenticity of Pronote— Importance to be given to (direct) evidence of witnesses over report of handwriting expert…………. Witnesses in whose presence the pronote was signed were subjected to lengthy cross examination but they remained consistent on the point that such pronote was executed— Report of handwriting expert on its own could not be made basis to discard the authenticity of the pronote in the presence of such strong and direct evidence…. Where direct evidence to prove a fact was available then much importance had to be given to it ….. Suit filed on basis of Pronote in question was competent…. Appeal was allowed accordingly
2015 SCMR 284