Law: Civil Procedure Code (V of 1908)

Section: 1,2,14,15,2,9,7

Civil Procedure Code (V of 1908)--- ----O. XIII, Rr.1, 2, O. VII, Rr. 14, 15, O. VIII, Rr. 2, 9 O.V, R.7---Documentary evidence to be produced at first hearing---Significance---Effect of non-production of documents, stated. Civil Procedure Code, 1908 (C.P.C.) prescribes a certain methodology for a trial to be conducted where a dispute that emerges between the parties is of a civil nature. The C.P.C. prescribes certain requirement that need to be fulfilled at each stage of the trial and Orders of C.P.C. suggest that there is a continuing focus within the mechanics of trial as prescribed by C.P.C. that the documents in possession of each party in support of its claim are produced at the earliest possible stage. Muhammad Umar Mirza v. Waris Iqbal 1990 SCMR 964; Fazal Muhammad v. Mr. Chohara 1992 SCMR 2182; Shaukat Ali Butt v. Islam ul Haq 2003 YLR 1814; Haji Baz Muhammad v. Mst. Humaira Mst. Humera alias Shireen Taj PLD 2003 Quetta 128 and Sher Baz Khan and others v. Malikani Sahibzadi Tiwana and others PLD 2003 SC 849 rel. Right from the time of issuance of summons there is an emphasis of the C.P.C. on production of documents which form the basis of a plaint being made by one party against the other at the earliest and such requirement is built into the Orders regulating the filing of the plaint as well as filing of the written statement. The scheme of C.P.C. is that at the stage of the trial when the pleadings are to be completed each party is under an obligation to file all documents on which it relies and bases its claim and also provide a list of documents that it wishes to rely on in order to support its claim even if such documents are not in its possession. The purpose of such scheme is that the C.P.C. does not permit trial by ambush. The concept of fair trial of civil action requires that each party must reveal its claim or defence as well as the relevant documentary evidence on which it basis its case to the other party prior to commencement of the trial. The scheme of the C.P.C. does not permit springing a surprise on the other party in the midst of a trial but requires each party to play by rules in which all the cards are placed on the table face up.…

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