Law: Civil Procedure Code (V of 1908)

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

(a) Civil Procedure Code (V of 1908)--- ----O. XIII, R. 2 & O. XVI, Rr. 1 & 2---Document, production of---Re-examination of a witness---Requirements---Plaintiff filed an application for production of document which had already been placed on record and to re-examine the witness who produced the same---Trial Court accepted the application and witness was examined who produced document which was already on record---Validity---Once a document had been placed on record of the Court then same could not be placed again to fulfill lacunas left by the witness or surfaced in cross-examination---Court could not be used as tool for fulfillment of lacunas left by the parties---Object of re-examination of a witness was to clear an ambiguity which had arisen upon cross-examination---No one was to be afforded opportunity to improve his case---Trial Court had erred in law to allow same document to be placed on record without any justifiable cause and valid reasons---Court (Judge) must wear all the laws of the country on the sleeves of his rob and apply correct law to justly administer rights and remedies of the citizens---Impugned order passed by the Trial Court was set aside and matter was remanded to the Trial Court for decision in accordance with law---Revision was allowed, in circumstances. (b) Administration of justice--- ----Judge must wear all the laws of the country on the sleeves of his rob. (c) Administration of justice--- ----Act of Court should prejudice no one. ORDER NAZEER AHMED LANGOVE, JUSTICE:---.--- This petition is directed against the order dated 8th May 2019 (hereinafter the "impugned order"), passed by learned Civil Judge-IX, Quetta (hereinafter the "trial court"), whereby the application filed by the respondent (plaintiff) for additional evidence, has been allowed. Hence, this petition with the following prayer: "It is therefore, respectfully prayed that keeping in view the above law points, facts and circumstances the order dated 08-05-2019 passed by Civil Judge IX Quetta may kindly be set aside by dismissing the application for producing documents filed by the respondent/plaintiff, in the interest of justice, equity and fair play." 2. Facts of…

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