According to Section 32 of the Registration Act 1908 (“Registration Act”), every document, whether registrable either compulsorily or optional, shall be presented by some person executing or claiming under the same, or claiming under the decree or order of the Court or by the representative or assign of such person, or by the agent of such person, representative or assign duly authorized by power of attorney executed and authenticated, whereas section 33 is correlated to the power of attorney recognizable for the purposes of section 32, which provides, inter alia, that if the principal at the time of executing power of attorney resides in any part of Pakistan in which this Act is for the time being in force, a power of attorney executed before and authenticated by the Registrar or Sub-Registrar within whose district or sub-district the principal resides shall be recognized.
Under subsection (4) of section 33 of the Registration Act, it is clearly provided that any power of attorney mentioned in this Section may be proved by the production of it without further proof when it purports on the face of it to have been executed and authenticated by the person or Court.
Article 95 of the Qanun-e-Shahadat Order 1984 (Section 85 of Evidence Act) which relates to the presumption as to power of attorney whereby the Court has to presume that every document purporting to be a power of attorney and purported to have been executed before and authenticated by a Notary Public or any Court, Judge, Magistrate, Pakistan Council or Voice-Council or representative of Federal Government was so executed and authenticated.
The documentary evidence, particularly for a registered document, enfolds a presumption of truth and genuineness and such presumption of truth is attached to the registered power of attorney which is admissible unless its genuineness is suspected and proved to be counterfeited or deceptive; its admissibility cannot be doubted to impede the agent from acting on behalf of principal unless the indenture of power of attorney is controverted and repudiated with satisfactory evidence.
All the more so, the provisions contained under Article 79 of the Qanun-e-Shahadat Order 1984 interpret and deduce that it is not necessary to call attesting witnesses in proof of the execution of any document, not being a will, which has been registered in accordance with the provisions of the Registration Act unless the person by whom it is purported to have been executed specifically denies its execution which is missing in this case where execution of power of attorney is admitted.