Law: Civil Procedure Code (V of 1908)

Section: 1(2)(3)

Civil Procedure Code (V of 1908)--- ----O. XVI, R. 1 (2) (3)---Suit for declaration---Summoning of a witness---Scope---Plaintiff filed application for summoning of a witness to produce document which was dismissed by the Trial Court but Appellate Court accepted the same---Validity---Production of public record was essential for the Trial Court to arrive at just and right conclusion---No prejudice would cause to the defendant in summoning the witness to produce document in the Court---Technicalities were to be avoided for advancement of cause of justice---Defendant had not come to the Court with clean hands---Relief of writ jurisdiction being discretionary in nature, same could not be granted in favour of a person who had come to the Court with unclean hands---Impugned order passed by the Court below did not suffer from any illegality or jurisdictional defect---Constitutional petition was dismissed, in circumstances. THIS ORDER PASSED BY: KHADIM HUSSAIN M. SHAIKH, JUSTICE:---.---Through the captioned petition, petitioners Haji Gahno Khan and 5 others have called in question order dated 07.09.2017, passed by the learned VI-Additional District Judge, Larkana, allowing Civil Revision Application No.13 of 2017, re: Dr. Bhagwandas v. Haji Gahno Khan and others, filed against order dated 04.03.2017, passed by the learned II-Senior Civil Judge, Larkana, in the subject F.C. Suit, whereby application under Order XVI, Rule 1(2)(3) of Code of Civil Procedure, 1908 (Act V of 1908) of respondent No.1 Dr. Bhagwandas, seeking summoning of the official witnesses to give evidence and produce the document from the public record, was dismissed by the learned trial court. 2. Briefly the facts of the case are that on 23.02.2006 plaintiffs Nos.1 and 2/respondents Nos.1 and 2, Dr. Bhagwandas and Dr. Bhagwant Devi filed the subject suit for declaration, cancellation of documents, recovery of damages/ business loss worth Rs.30,59,41,408/-, perpetual injunction and mandatory injunction. The petitioners/ defendants have filed their written statement, wherein they have denied the allegations levelled against them. On the divergent pleadings of the parties, the learned trial court framed…

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