Law: Civil Procedure Code (V of 1908)

Section: O.XIII,R.1,2

Law: Constitution of Pakistan, 1973

Section: 10A

Civil Procedure Code (V of 1908)--- ----O. XIII, Rr. 1 & 2----Constitution of Pakistan, Art. 10-A---Production of documents---Delay, effect of---Scope---Petitioners filed suit for recovery of money which was dismissed---Appeal filed by petitioners was also dismissed---Revision petition filed before High Court was accepted and matter was remanded to Trial Court for its disposal afresh---On remand of the matter, issues were amended and Mukhtiarkar was also made party---Petitioners filed application for production of documents, which was dismissed by Trial Court on the ground that documents were filed at belated stage---Revision petition filed by petitioners was also dismissed by District Judge---Validity---Held, on remand of the matter, after joining of Mukhtiarkar as party and amendment of the issues, if the petitioners intended to produce fresh documents for determination of their rights, they could not be prevented from doing so, such prevention under the pretext that application was filed at belated stage obviously amounted to denial of fair trial for determination of their rights and obligations, which was guaranteed by Art. 10-A of the Constitution---Orders passed by Trial Court and revisional court were set aside. THIS ORDER PASSED BY: IRSHAD ALI SHAH, J.---- The facts in brief leading to passing of instant order are that the petitioners filed a suit for recovery of Rs.1,20,77,860/- against the respondents before learned Senior Civil Judge, Kashmore. It was dismissed. The appeal preferred by the petitioners against dismissal of their suit was also dismissed by learned Additional District Judge, Kandhkot. On filing of Revision Application before this Court, the matter was remanded to learned trial Court for its disposal afresh. On remand of the matter, the issues were amended and Mukhtiarkar Revenue, Taluka Kandhkot was also made party. In the meanwhile, the petitioners by way of filing an application under Order XIII Rules 1 and 2, C.P.C. sought for production of certain documents. It was dismissed by learned Senior Civil Judge, Kandhkot by…

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