Courts and procedure · For citizens
Lost the original? You can still prove it.
In short
Yes, with secondary evidence, such as a copy or the account of someone who saw it (Qanun-e-Shahadat, Art. 76(c) and Art. 74). First prove the document existed and that it was lost despite a diligent search (2020 CLC 1950). For a registered deed, get a certified copy (Arts. 85, 87).
By the FAI Legal editorial desk · 12 October 2026 · 12 slides · 2 min read
Myth or fact?
What people often fear.
- Myth: If the original agreement is lost, my case is finished.
- Fact: When the original is lost or destroyed, the law lets you give secondary evidence of what it said (Qanun-e-Shahadat, Art. 76(c)).
The rule in the law.
Article 76, Qanun-e-Shahadat 1984.
“Secondary evidence may be given of the existence, condition or contents of a document … when the original has been destroyed or lost, or when the party offering evidence of its contents cannot, for any other reason not arising from his own default or neglect, produce it in reasonable time”
Qanun-e-Shahadat Order, 1984 · Article 76(c), Cases in which secondary evidence may be given
What counts as secondary?
Article 74.
- CopiesCertified copies, photocopies and other mechanical copies, copies compared with the original.
- A photoA photograph is secondary evidence, if proved to be of the original.
- Word of mouthAn oral account by someone who saw the document himself.
Quick quiz. The photocopy.
Guess first, then swipe for the answer.
- A. Nothing, a copy is enough
- B. It existed, and was lost despite a real search
- C. The exact day you lost it
Answer: B. Lahore High Court.
2020 CLC 1950.
- FirstProve the document existed and was executed.
- ThenProve the loss: by the other side's admission, or a diligent search that failed.
- Not neededThe exact mode and time of the loss.
Registered deed?
Articles 85 and 87.
- Public documentA registered document whose execution is not disputed (Art. 85(5)).
- Certified copyThe officer with custody must give you one on demand, on payment of fees (Art. 87).
- Only thatFor a public document, a certified copy is the secondary evidence allowed (Art. 76).
The other side has it?
Articles 76(a) and 77.
- NoticeGive them notice to produce the original.
- They refuseOr simply do not produce it.
- Copy allowedYou may then give secondary evidence of it.
Courts are strict.
Two recent rulings.
- 2020 MLD 794The loss must be proved by evidence or supporting material, not just claimed.
- PLD 2025 Sindh 386Authenticity disputed and the original not produced: a certified copy alone could not be relied on.
Do this today.
Before anything goes missing.
- CopiesScan or photocopy every deed and agreement.
- Certified copyFor a registered deed, get one from the registry.
- If lostNote when you last had it and every place you searched.
Lost a document?
Ask FAI in your own words. It answers with the exact article and the judgments behind it.
- My original sale agreement is lost. Can I prove it in court with a photocopy?
- Draft an application for permission to lead secondary evidence under Article 76.
Example questions
What this does not mean
- Secondary evidence is not automatic. You must first prove the document existed and was executed, and that it was lost despite a diligent search (2020 CLC 1950).
- For a public document such as a registered deed whose execution is not disputed, a certified copy is the secondary evidence allowed (Art. 76).
- Courts are strict: a claimed loss must be proved by evidence, and a certified copy alone could not be relied on where authenticity was disputed and the original was not produced (PLD 2025 Sindh 386).
Questions people ask
Can I prove a lost agreement with a photocopy in Pakistan?
Yes. When the original is lost or destroyed, Article 76(c) of the Qanun-e-Shahadat allows secondary evidence, and photocopies are secondary evidence under Article 74. First prove the document existed and was lost despite a diligent search.
What should I do if my original registered property deed is lost?
Get a certified copy. A registered document whose execution is not disputed is a public document (Art. 85(5)), and the officer with custody must give a certified copy on demand, on payment of fees (Art. 87).
What counts as secondary evidence under Qanun-e-Shahadat?
Under Article 74: certified copies, photocopies and other mechanical copies, copies compared with the original, and an oral account by someone who saw the document himself. A photograph counts if proved to be of the original.
Do I have to prove the exact date I lost the document?
No. The Lahore High Court said the exact mode and time of the loss is not needed (2020 CLC 1950). You must prove the loss, by the other side admitting it or by a diligent search that failed.
What if the other side has the original document?
Give them notice to produce it. If they refuse or do not produce it, you may give secondary evidence of it (Articles 76(a) and 77).
Sources
- Qanun-e-Shahadat Order, 1984 · Article 76(c)
Cases in which secondary evidence may be given Pakistan Code
Educational legal information, not legal advice. Every case turns on its own facts. Speak to a qualified lawyer about your situation. Review status: Pending advocate review. How we check.
