Law: Civil Procedure Code, 1908

Section: Order XVII, Rule 3

  JUDGMENT SHEET ARBAB MUHAMMAD TAHIR, J.:- The petitioners have called in question the order dated 15.06.2022 passed by the leaned Civil Judge-East, Islamabad dismissing the petitioners’ application dated 19.05.2022 seeking permission to produce additional documents / documentary evidence.     Ch. Khanzada, learned counsel appearing on behalf of the petitioners has contended that the documents that were sought to be produced were public documents; that the said documents were necessary for the just resolution of the dispute; that the object of the law is to prevent fraud and not to penalize a party for non-production of the documents in time; that the authenticity of the said documents was not questionable; that the learned trial Court had dismissed  the petitioners’ application regarding production of the additional documents without applying its judicial mind; that the learned trial Court did not take into account the petitioners’ assertions while dismissing the said application; that the learned trial Court travelled beyond the jurisdiction vested in it; that the impugned order suffers from gross irregularity; that the learned Civil Court acted in a mechanical manner, which renders the impugned order to be set aside, concluded the learned counsel for the petitioners.    Conversely, Ch. Abdur Rehman Hurr Bajwa, learned counsel appearing on behalf of respondent No.1 has vehemently opposed the arguments advanced by the learned counsel for the petitioners by contending that the petitioners had filed the application for production of the additional documents/evidence just to protract the proceedings; that the documents/evidence that were sought to be produced at a belated stage, were admittedly not essential for the adjudication of the pending suit; that the impugned order passed by the learned Civil Court does not suffer from any illegality calling for interference by this Court, concluded the learned counsel.   Heard. Record perused.    Perusal of the record reflects that on 25.10.2016 a suit for declaration, cancellation of mutations, recovery of possession and permanent injunction was filed…