Law: Civil Procedure Code (V of 1908)

Section: 151,1,2

Law: Qanun-e-Shahadat (10 of 1984)

Section: 89(5)

Law: Constitution of Pakistan, 1973

Section: 199

Civil Procedure Code, 1908 (V of 1908)---.--- ---.---S. 151 & O. XIII, Rr. 1 & 2---.---Qanun-e-Shahadat Order, (10 of 1984), Art. 89(5)---.---Constitution of Pakistan, 1973, Art. 199---.---Application for production public document was dismissed---.---Challenge to---.---Inheritance mutation was sanctioned in India before partition---.---Attestation of documents by Indian and Pakistani Embassies---.---Validity---.---Certificate copies of public documents should have been certified under seal of Pakistan counsel or diplomatic agent or certificate under seal of notary public was sufficient---.---Documents bear seal of notary public did not require seal of Pakistan counsel or diplomatic agent---.---Public documents in foreign country or certified copies must had certificate under seal of notary public or of Pakistan counsel or diplomatic agent and of not both---.---Documents were not filed with plaint and application for production of documents moved at belated stage had no substance because non-filing of documents with plaint were not considered fatal which empowers Court to receive documentary evidence during trial---.---Held: Documents were not in custody of petitioners rather same being public documents were in custody of office of Indian Govt. and copies were obtained in accordance with law and documents were received through registered post thereafter, petitioners had moved an application to produce same before trial Court---.---Petition was allowed. 2005 SCMR 152 rel. THIS JUDGMENT DELIVERED BY: SADAQAT ALI KHAN, JUSTICE:---.--- This Writ Petition No. 995 of 2007 has been filed by the present petitioners/defendants against the order dated 14.4.2007 passed by Additional District Judge, Khanpur according to which civil revision of the present petitioners was dismissed, filed by them against the order dated 30.1.2006 passed by Civil Judge, Khanpur according to which application of the present petitioners under Order XIII Rule 1 2 read with Section 151 of CPC to produce documents i.e. inheritance Mutation No. 1744 dated 7.5.1942 and pedigree table pertaining to years 1942-43 was dismissed. 2. The brief facts of the case are that plaintiffs/respondents…

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