Law: Civil Procedure Code (V of 1908)

Section: 1,2

Civil Procedure Code (V of 1908)--- ----O. XIII, Rr. 1 & 2---Production of photocopy of document as evidence---Scope---Plaintiff moved application for production of photocopy of document as evidence stating that original had been misplaced---Trial Court allowed the said application---Validity---Exclusion of any evidence notwithstanding the weightage of the same would not serve the interest of justice when documents sought to be produced were proper and essential for the adjudication of the case and same would not harm the defendant if brought on record as he would have an opportunity to question the said documents during cross-examination such documents were relevant in order to assist the Trial Court to adjudicate the controversy---Veracity and weightage of the documents in question would remain open to challenge by the defendant---Revision was dismissed in circumstances. Sardar Khan Bahadar Khan v. Returning Officer, Constituency LA-18 Poonch-2 Civil Judge, Hajira, AK and 2 others 2003 MLD 284 ref. Allama Muhammad Inayatullah v. Ghulam Rasool and others 1994 MLD 1984; Manager, Jammu and Kashmir, State Property in Pakistan v. Khuda Yar and another PLD 1975 SC 678 and Mirza Ali Khan v. Mst. Shahida Parveen and others 1992 SCMR 2112 rel. THIS ORDER PASSED BY: AGHA FAISAL, JUSTICE:---.--- The subject revision application has impugned the order dated 28.10.2017 (hereinafter referred to as the "Impugned Order"), passed by the learned VIIth Additional District Judge, Hyderabad (hereinafter referred to as the "Trial Court"). The content of the Impugned Order is reproduced herein below: "By this order, I tend to dispose of an application under Order XIII, Rules 1 and 2, C.P.C. read with Section 151, C.P.C. filed by learned counsel for plaintiff with a prayer to allow the plaintiff to produce the documents in his evidence. 2. Notice of this application was given to other side, to which, learned counsel for defendant filed objections in the shape of counter affidavit. 3. Learned counsel for plaintiff argued that documents sought to be produced, are essential and proper and will assist this Court to reach at just and proper decision of the case. He argued that…

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