Law: Civil Procedure Code (V of 1908)

Section: S.115,151,O.VII,XIII,XVI,R.1,2,3,14

Law: Specific Relief Act, 1877

Section: 42

Law: Constitution of Pakistan, 1973

Section: 199

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

Section: 90,134

(a) Civil Procedure Code (V of 1908)--- ----O. VII, R. 14, O. XIII, Rr. 1, 2, 3 & O. XVI, Rr. 1 & 2---Qanun-e-Shahadat (10 of 1984), Arts. 90 & 134---Specific Relief Act (I of 1877), S. 42---Suit for declaration---Production of document not relied upon---Good cause---Scope---Phrase 'good cause' to be construed liberally to serve the ends of justice---Rational behind O. XIII, R. 2, of C.P.C. was to prevent fraud and not to penalize the parties for non-production of documents on the first hearing of the suit or at the time of filing of plaint or written statement---If there was no element of fraud or doubt as to authenticity of documents then application for production of documents could not be discarded---List of witnesses should be filed within seven days from framing of issues---No one could be permitted to call witnesses other than those mentioned in the list except with the permission of Court on showing good cause for omission of said witnesses from the list---Delinquent party for calling a witness through Court had to show good cause and explain the delay in disclosing the name of witnesses---Document required to be produced was public document having presumption of truth and it should not be discarded unless proved otherwise by convicing and cogent evidence---Person summoned to produce a document did not become a witness by mere fact that the had produced the same---Constitutional petition was dismissed, in circumstances. PLD 2013 SC 255 foll. (b) Civil Procedure Code (V of 1908)--- ----O. XIII, R.2---"Good cause"---Connotation. The phrase "good cause" means adequate sound and genuine reason and it depends upon the facts and circumstances of each case, no hard and fast and absolute criteria can be set forth, as to what constitutes a good cause, however, the phrase "good cause" used in Order XIII, Rule 2, C.P.C. should be construed liberally to serve the ends of justice. Order XIII, Rule 2, C.P.C. being a general provision applicable to both i.e. the plaintiffs as well as defendants. The rationale behind Order XIII, Rule 2, C.P.C. is to prevent the fraud and not to penalize the parties for non-production of documents on the first hearing of the…

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