# Only a photocopy? Is it proof?

> Courts want the document itself (Article 75, Qanun-e-Shahadat). A copy is allowed only in set cases (Article 76), often after notice (Article 77). In a Sialkot land case the Lahore High Court refused an uncertified photocopy because no one tried to get the original.

- Topic: Property and inheritance
- For: Citizens
- A 12-slide carousel: https://failegal.site/media/only-a-photocopy-is-it-proof
- Published by FAI Legal on 2026-11-14

## Usually not, on its own.

Qanun-e-Shahadat, Article 75.

> "Documents must be proved by primary evidence except in the cases hereinafter mentioned." (Qanun-e-Shahadat Order 1984 · Article 75)

## Original or copy?

Articles 73 and 74.

- **Primary** The document itself, produced for the court to inspect.
- **Secondary** Certified copies, machine copies made from the original, copies compared with it.

## When a copy is allowed.

Article 76: the main doors.

- **The other side has it** And does not produce it after notice.
- **Lost or destroyed** Not through your own fault.
- **A public document** Then a certified copy, nothing else.

## The file: Sialkot.

Lahore High Court, Civil Revision 1122 of 2011, 3 Feb 2022.

- **The land** 6 kanals 18 marlas in a village of Sialkot.
- **The claim** Built on an old Tehsildar's order.
- **The evidence** An uncertified photocopy of that order.

## The ruling: not admissible.

The copy could not be relied on.

- **No effort** To summon the official record for the original.
- **No proof** That the original was lost.
- **Result** The case went back to the appeal court.

## Object at once.

Lahore High Court, W.P. 60974 of 2021, 1 Jun 2022.

- **The objection** A party objected to documents in a gas bill suit.
- **Trial court** Said it would decide at the end.
- **High Court** Decide it when first raised, unless it needs more evidence.

## Quick quiz. What first?

Guess first, then swipe for the answer.

- **A. File the photocopy**
- **B. Give notice to produce the original**
- **C. Make a fresh copy**

## Answer: B. Notice first.

Article 77.

- **The notice** Ask the other side to produce the original.
- **If they do not** You can ask to lead secondary evidence (Article 76(a)).
- **No notice needed** If, for example, they admit the loss, or took it by fraud or force.

## Your papers, in 4 rules.

The page to keep.

- **Keep originals** Courts want the document itself.
- **Certified copies** For public documents, get these.
- **Lost it?** Prove the loss first: a report, dates, witnesses.
- **Ask the court** Before using a copy as evidence.

## Only a copy left?

Ask FAI for the articles and the cases.

- **I lost my original agreement. Can I use a photocopy in court?**
- **How do I apply to lead secondary evidence?**

## Sources

- Qanun-e-Shahadat Order 1984 · Article 75: Proof of documents by primary evidence

---

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.

FAI Media is part of FAI Legal (https://failegal.site), research on Pakistani statutes and judgments. Free to watch and read.