Law:

Section:

Civil Procedure Code (V of 1908)--- ----O. V, R.7, O.VII, R. 14, O.VIII, O.XIII, Rr.1, 2 & O.XIV, R.1(5)---Sindh Chief Court Rules (O.S.) R.3---Extension of statutory period for filing of documents in evidence, legality of---Good cause under O.XIII, R.2, C.P.C.---Concept---Statutory requirements under C.P.C. for filing of documents in evidence ---In the present suit, in order to examine a certain question, it became necessary for the parties to lead evidence in support of their claims---Court ordered the parties to file the certificate of readiness, list of witnesses and documents within a period of 7 days---Objection of the defendant was that 7 days time for filing of documents could not be fixed as no time limit was mentioned under O.XIII, R.1, C.P.C. and asked for the extension of said time---Validity---Under the law the parties were required to file documents along with pleadings because under O.VII, R.14, C.P.C. the plaintiff was required to produce the document on which he sued---No corresponding provision exists in O.VIII, C.P.C. for producing the documents along with the written statement by the defendant, however, under O.V, R.7, C.P.C. the defendant was directed to appear, answer and produce all documents in his possession or power upon which he intended to rely in support of his case---If for any reason the parties did not file the documents at the initial stage then the law provided that the documents be filed on first hearing, as required under O.XIII, R.1, C.P.C.---Summons, in the present case were issued to the defendant either to settle the issues or for final disposal as required under O.V, R.5, C.P.C. and under O.VIII, R.1 , C.P.C. the defendant was required to file written statement on first hearing---Issues were to be framed on the first hearing, as required under 0.XIV, R.1(5), C.P.C.---If no documents were filed on the date of first hearing, then the parties could not produce the document or exhibit it in the evidence unless `good cause' was shown within the meaning of O.XIII, R.2, C.P.C.---Any oral motion by the defendant for extension of time for producing the document could not be accepted because under R.3 of the Sindh Chief Court…

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