Law: Civil Procedure Code (V of 1908)

Section: O.XIII,R.1

Law: Civil Procedure Code (V of 1908)

Section: O.XIII,R.1

Law: Constitution of Pakistan, 1973

Section: 199

Civil Procedure Code (V of 1908)-------O. XIII, R.1---Constitution of Pakistan, Art.199---Constitutional petition---Application of plaintiffs, after closing of oral evidence, seeking permission to produce documents, which they could not append with the plaint inadvertently---Documents sought to be produced, not only were appended with the plaint but were also not mentioned in the list of reliance in compliance of O.XIII, R.1, C.P.C.---Inadvertence, could not be considered a good cause to allow the production of documents, which were neither relied upon in the list of reliance nor appended with the plaint---Plaintiffs had failed to show any good cause for their failure to append the documents with the plaint---Trial Court had rightly dismissed application filed by the plaintiffs for production of documents and revisional court was not justified to accept revision against of the Trial Court---Order passed in revision was set aside, in circumstances. Shahid Nawaz Langrial for Petitioners. Mian Abdul Quddous for Respondents. Date of hearing: 27th September, 2011. JUDGMENT ABDUL WAHEED KHAN, J.--- Since common question of facts and law are involved; therefore, Writ Petitions.Nos.24897 and 24898 of 2010 are being disposed through this single judgment. 2. Mst. Bashiran Bibi, etc., respondents/plaintiffs filed two separate suits for declaration challenging the vires of some revenue entries. After the filing of written statements and settlement of issues, counsel for the respondents/plaintiffs closed the oral evidence. The petitioners also completed their oral and documentary evidence. In both the suits, the respondents/plaintiffs filed two separate applications under Order XIII, Rule 1, C:P.C. seeking permission to produce documents with the assertion that the documents could' not be appended with the plaint inadvertently and that they be allowed to be produced. The applications were dismissed by the Civil Court vide order dated 3-2-2010. Mst. Bashir Bibi, respondent/plaintiff assailed the said orders through two separate revision petitions. The revisional court accepted the same and allowed the applications under Order XII, Rule 1, C.P.C. Feeling aggrieved of the…

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