Law: Civil Procedure Code (V of 1908)

Section: 2

Civil Procedure Code, 1908 (V of 1908)--

----O.XIII, XXXVII, R. 2--Suit for recovery--Decreed--Appeal allowed-- Matter was remanded by Supreme Court--Application for placing of documents on record after post remand proceedings--Application was accepted--Challenge to--Primary duty of Court--Power of Court--It is well settled principle that procedural law should be liberally adhered to because its basic object was to advance cause of justice and not to defeat ends of justice--The primary duty of Court is to decide case justly, fairly and in accordance with law--If it is necessary to meet ends of justice Court may allow parties to produce additional evidence at later stage before Honorable Supreme Court contended that he made cash payment which was duly incorporated in ledger prepared by respondent but very ledger was misplaced which contained signature of petitioner--Honorable Supreme Court remanded matter to trial Court by allowing parties to produce additional evidence--Revision petition dismissed.

PLD 2004 Azad (JK) 43, 2013 CLC 1789, PLD 2020 Balochistan 5 ,  2005 SCMR 152 ref.

Civil Procedure Code, 1908 (V of 1908)--

----O.XIII R. 2--Producing of document--Under Order XIII, Rule 2, C.P.C--Court can permit parties to produce document at later stage showing good cause, meaning thereby that Court could not strictly prohibit parties for production of document at later stage. 

JUDGMENT

The petitioner/defendant assailed order dated 16th December, 2020 (impugned order) passed by Additional District Judge-III, Quetta (trial Court) whereby the trial Court allowed application under Order XIII, Rule 2, C.P.C. for placing of documents on record.

2. Precise facts of the case are that respondent/plaintiff filed a suit under Order XXXVII, Rule 2, C.P.C. for recovery of Rs. 8,000,000/- (Rupees eight million) along with mark/interest at prevailing bank rate against the petitioner/defendant. After granting leave to defend the petitioner/defendant filed written statement, repudiated the contention of the respondent/plaintiff. Initially the suit was decreed by the trial Court vide judgment and decree dated 23rd July, 2012. The petitioner/defendant being dissatisfied filed appeal/R.F.A. No. 88 of 2012 before this Court, which was allowed vide judgment dated 18th February, 2014. Being aggrieved the respondent/plaintiff filed Civil Appeal No. 6-Q of 2014 before Honorable Supreme Court of Pakistan and ultimately the matter was remanded to the trial Court vide order dated 30th September, 2020. After remand the respondent/plaintiff filed an application under Order XIII, Rule 2, C.P.C. for placing documents on record, which was contested by the petitioner/defendant by filing rejoinder. The trial Court vide impugned order dated 16th December, 2020 allowed the application, hence the petitioner/ defendant is before this Court.

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