Law: Civil Procedure Code (V of 1908)

Section: O.VII,R.18

Civil Procedure Code (V of 1908)---- ----O. VII, R.18---Additional evidence----Deed of power of attorney was misplaced at the time of filing of the suit----Tendering of fresh power of attorney when suit was at the verge of finalization----Validity---Any new document, which was not in existence at the time of filing of suit or even at the initial stage of suit, could not be considered as a piece of additional evidence----Law had provided a mechanism for establishing a missing or lost documents and the same course ought to be adopted by plaintiff through examination of witnesses instead of creating a fresh similar document---Application for filing of additional evidence was dismissed. THIS ORDER PASSED BY: FAHIM AHMED SIDDIQUI, J.---- Through the instant application, the applicant/Defendant No.1 is seeking production of certain documents viz. power of attorney executed by her offspring in her favour as additional evidence. 2. The contention of learned counsel for the Defendant No.1 is that it has come on the record during deposition of witnesses that the power of attorney executed by the legal heirs in favour of Defendant No.1 was misplaced. He submits that the executants of the power of attorney are the offspring of Defendant No.1 as well as legal heirs and power of attorney executed by the sons in favour of mother is just a formal proceeding in the case and the same may be permitted to produce. According to him, the power of attorney was earlier executed in favour of mother but the same was misplaced by the then advocate of the Defendant No.1, as such she has a right to produce the same through additional evidence. In response to a query, he frankly admits that the power of attorney which was allegedly previously executed could not be traced-out and the same is missing and has been lost; as such the sons of the Defendant No.1 has executed a fresh power of attorney which is required to be produced as additional evidence. He submits that it will not cause any harm to the parties to suit as the other side shall have another opportunity to cross-examine Defendant No.1. He has placed reliance on Khurshid Ali and 6 others Appellants v. Shah Nazar Respondent (PLD 1992…

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