Law: Civil Procedure Code (V of 1908)

Section: XLI,27,XIII,1,2

Law: Azad Jammu and Kashmir Interim Constitution Act, 1974

Section: VIII,44

(a)    Civil Procedure Code (V of 1908)-------O. XLI, R. 27---Production of documents at belated stage---Public documents--Trial Court allowed the party to produce documents at later stage of proceedings, which order was maintained by the District Court---Validity---If the documents intended to be produced are part of public record; have come from proper custody; there authenticity is beyond doubt, then the Court should exercise its discretion accepting the documents and such like documents shall not ordinarily be refused---In the present case, admittedly, the documents sought to be produced were public documents and were necessary for correct decision of the case because, undeniably, the petitioner produced some documents and in order to rebut the same the documents allowed by the Courts below to the respondents were necessary to be produced---No legal infirmity or lack of jurisdiction in the impugned orders was noticed---Documents allowed to be produced were necessary for just decision of the case Impugned orders required no indulgence by the High Court----Writ petitions were dismissed , in circumstances . 2009 CLC 1320 ref.(b)    Civil Procedure Code ( V of 1908)-------O. XLI, R. 27 & O. XIII, Rr. 1, 2---Production of documents at belated stage--Public good cause---Trial Court allowed the party to produce documents at later stage of proceedings, which order was maintained by the District Court---Validity--Though the respondents-applicants had only mentioned that they might be allowed to produce documentary evidence for the sake of justice in their application, which could not be termed as good cause, however, the petitioner had not denied that the same were to be produced in order to rebut the documents produced by him( petitioner)---Hence, when the petitioner had been allowed to produce documents at belated stage, allowing the respondents to produce documents at later stage in order to rebut those documents produced by petitioner was quite justified---No legal infirmity or lack of jurisdiction in the impugned orders was noticed---Documents allowed to be produced were necessary for just decision of the…