Case Details

Citation(s)
2020 SLG 2032 2020 SLD 2032 2020 CLC 1870
Lahore High Court
Writ Petition No. 84464 of 2017, decision Dated: 28-11-2019
MUHAMMAD SAJID MEHMOOD SETHI, JUSTICE
Mehmood Tahir Chaudhry for Petitioners. Jehanzeb Inam for
Respondents Nos.1 and 2.

AURANGZEB IFTIKHAR AND 3 OTHERS

VS

SHEIKH MUHAMMAD HANEEF AND 11 OTHERS

Law:

Section:

Qanun-e-Shahadat (10 of 1984)--- ----Art. 85(5)---Production of public document in the evidence---Scope---Defendants moved application for permission to produce deed of attorney in the evidence---Trial Court dismissed the said application but Appellate Court allowed the same---Contention of plaintiffs was that alleged document had neither been mentioned anywhere in the written statement nor any list of reliance of said document had been produced---Validity---Held, Evidence should not be shut out to exclude documents except when same were suspicious, forged or fabricated, so as to prevent fraud---Objections raised by a party could not be taken in order to penalize the other side for not producing document in time rather it should be given an opportunity to produce evidence, which for good cause could not be produced in time---If Court was satisfied that the document was relevant and necessary for just decision of the case then it could be allowed to be produced at any stage of proceedings---Court had rightly allowed the revision petition by observing that document in question might affect the lis either way---Document to be produced in evidence by the defendants was registered one---Plaintiffs had failed to point out any illegality or legal infirmity in the impugned order passed by the Courts below---Constitutional petition was dismissed, in circumstances. Rab Nawaz v. Muhammad Nawaz and 2 others 1994 CLC 64; Messrs Al Ahram Builders (Pvt.) Limited v. Pakistan Defence Officers Housing Authority 2003 CLD 1497; Messrs Javed Nazir Brothers (Pvt.) Ltd. v. Al-Barak Islamic Bank and others 2008 CLC 722; Shaukat Usman v. United Bank Limited through President and 6 others 2011 CLC 1407; Moazam Majeed Bajwa v. Tariq Munawar and others 2012 MLD 417; Kohinoor Tobacco Company (Pvt.) Ltd. v. S.M. Idrees Allawala 2013 CLC 1789; Haji Abdul Razzak through L.Rs. and others v. Muslim Commercial Bank Ltd. and others 2016 YLR 2197; Khalid Mehmood v. Rana Muhammad Iqbal 2017 CLC Note 180 and Malik Riazullah v. Mst. Dilnasheen and others 2018 CLC 1569 ref. Mst. Murad Begum and others v. Muhammad Rafiq and others PLD 1974 SC 322; Mst. Roshan Akhtar v. Muhammad Boota and 4 others 2000…
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