Case Details

Citation(s)
2016 SLG 2767 2016 SLD 2767 2016 PLD 47
Balochistan High Court
Civil Revision No. 433 of 2013, decided on 21st October, 2014. heard on: 10th October, 2014.
SYEDA TAHIRA SAFDAR, JUSTICE
Inamullah Kakar for Petitioners. Baz Muhammad Kakar and Farooq Sarwar, Asstt. A.G. for
Respondents Nos. 22 to 23.

MUHAMMAD AYUB AND others

VS

BIBI GULL AND others

Law:

Section:

(a) Civil Procedure Code (V of 1908)---.--- ---.----O. XIII, Rr. 1 & 2, O. XII, Rr. 1 & 2 & O. XVIII, R. 3---.---Specific Relief Act (I of 1877), S. 42---.---Suit for declaration---.---Document, production of---.---Good cause---.---Scope---.---Plaintiffs after production of evidence filed an application for production of documents which was refused by the Trial Court---.---Validity---.---Court had discretion to receive document in evidence if a good cause for non-production of such document was shown---.---Provisions of Order XIII, Rules 1 and 2, C.P.C. were mandatory in nature---.---No detail of document had been submitted to be produced in the court---.---Said document intended to be produced was in the knowledge of plaintiffs and if same was not in their possession then copy of the said document might be obtained when plaintiffs were in the process of producing their evidence but it was not done so---.---Even none of the documents was confronted to the attorney of defendants when he was in the witness box---.---Plaintiffs had already produced their evidence and at the time of closing of their side there was no request to reserve their right of rebuttal---.---Plaintiffs appeared with the request when evidence of the parties had already been completed---.---Copy of s could be referred and placed before the Trial Court at the final hearing of the matter and said court might take judicial notice of the same---.---Contradiction if any arising there from could be pointed out at the relevant time to enable the Trial Court to dilate upon the same while recording its final decision---.---Right to give notice for admission of document or calling for the evidence in rebuttal was always available to a party to the suit with a discretion for its exercise within the given bounds---.---Revision was dismissed in circumstances. (b) Civil Procedure Code (V of 1908)---.--- ---.----O. XVI, R. 1, O. XII, Rr. 1 & 2 & O. XVIII, R. 3---.---Specific Relief Act (I of 1877), S. 42---.---Suit for declaration---.---Witness, production of---.---Good cause---.---Scope---.---Plaintiffs after production of evidence filed an application for production of witness which was…
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