Law of Evidence, Sec.68 and 92 of the Evidence Ordinance - instances where a party can lead oral evidence regarding a document

Law of Evidence, Sec.68 and 92 of the Evidence Ordinance - Mortgage bond - mutuuam - instances where a party can lead oral evidence regarding a document - Sec. 2 of the Prevention of Frauds Ordinance

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Mere signing a document does not necessarily import or indicate consent on the part of the attestator of the contents if the deed. By independent evidence it must be established that the signer had knowledge of the contents of the deed. There was no evidence at all before court to import or imply consent on the part of the so called mortgagor. 

If there is no mutuum between two parties, there could not be a mortgage bond between them. A mortgage can come into being between two parties only when there is an underlying obligation between them. All mortgage bonds are accessory to another obligation, because the fundamental nature of a mortgage bond is the provision to security for an underlying obligation. 

W.H. Gertrude Perera v. Kusalanthi Fernando & others (CA. 1111/2000(F) decided on 10.05.2019)