Sufi MIR ZAMAN KHAN (Deceased) Through FAZLUR REHMAN And Others vs Mst. SHAHRO And Another
This matter arises from a petition for leave to appeal before the Supreme Court of Pakistan, challenging the judgment of the High Court. The core legal question examined by the court is the correctness of the High Court's view that a power-of-attorney executed by respondent No. 2 in favour of Khuda Bakhsh was invalid due to a lack of attestation by witnesses, notwithstanding the fact that the execution of the said document was specifically admitted by the executant in his written statement. The Supreme Court granted leave to appeal to consider this question. The key principle relates to the legal effect of a specific admission of the execution of a document in pleadings vis-a-vis formal requirements of attestation.
- Is a power-of-attorney invalid for lack of witness attestation when its execution is specifically admitted by the executant in a written statement?
ORDER
1. M.S. H. QURAISHI, J.--Leave to appeal is granted to examine, inter alia, the correctness of the view taken by the High Court that the power-of-attorney executed by Gul Muhammad (respondent No. 2) in favour of Khuda Bakhsh was not valid on account of it not having been testified by witness in spite of the fact that the execution of the document had been specifically admitted by Gul Muhammad in his written statement. Security Rs. 1,000.