Law: Civil Procedure Code (V of 1908)

Section: O.XIII,R.1,R.2

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

Section: 117,120

(a) Civil Procedure Code (V of 1908)--- ----O. XIII, R.2---Production of additional documents---Permission---Principle---Plaintiff sought filing of additional documents at belated stage after conclusion of evidence---Validity---Plaintiff filed application under O.XIII, R.2, C.P.C. many years after conclusion of evidence and the same was not acceptable---No one could be allowed to take undue advantage of Procedural law (Civil Procedure Code, 1908), which could result in delaying the matter instead of deciding it expeditiously, and tantamount to abuse of process of Court--- No good cause was shown by plaintiff for not producing listed documents earlier either with their pleadings or during evidence, particularly when all listed documents were always in possession and custody of plaintiff---Application was dismissed in circumstances. Case law referred. (b) Qanun-e-Shahadat (10 of 1984)--- ----Art. 117 & 120---Suit for damages---Price in international market--- Proof---Onus to prove---Price prevailing in international market was to be proved as a question of fact---Onus was on plaintiff to prove such fact by producing at least relevant pages of some well recognized international bulletin. (c) Civil Procedure Code (V of 1908)--- ----O. XXIX, R. 1---Suit by corporation---Board resolution, absence of---Effect---Plaintiff company filed suit for recovery of damages for failure to supply goods by defendants---Validity---No Board resolution was passed nor the same was filed which could confirm that all such suits were instituted on behalf of plaintiff---Plaintiff attempted to fill up such lacuna by placing on record a resolution of Board of Directors, which resolution was in favour of officers of plaintiff authorizing them for initiating legal proceedings and to adduce evidence---No Board Resolution was filed or produced by plaintiff's side at the time of filing of all consolidated suits or in the evidence to show and prove that persons/officers who had instituted / filed consolidated suits were duly authorized and competent for initiating the proceedings---As an alternative, the Articles of Association were also not produced in order to refute plea of defendant and…