Law:

Section:

Civil Procedure Code (V of 1908)--- O. XIII, r. 2--Production of documents.--Refusal--Facts of case calling for examination of question whether case in circumstances not a "case decided" and whether High Court- powerless to see magnitude of wrong done to plaintiff -petitioner and violated relevant principle-­Leave to appeal granted. Malik Habibullah Khan v. Pakistan Cement Industries Limited and others 1969 S C M R 965 ref. ORDER SHAFI-UR-REHMAN, J.-The petitioner-plaintiff seeks leave to appeal against the judgment of the Lahore High Court dated 26-4-1981 whereby a revision petition filed by him against the refusal of the trial Court denying to the petitioner the permission to produce the documents and witnesses at the trial on the ground that as held by this Court in Malik Habibullah Khan v. Pakistan Cement Industries Limited and others 1969 S C M R 965, it was not "a case decided" and as such a revision was not competent. The learned counsel for the petitioner distinguishes the case mentioned above on the ground that in that case documents which had not been relied upon while filing the suit or when issues were framed, were not allowed to be produced. In the present case, the plaintiff petitioner specifically mentioned these documents and relied upon them when he filed the plaint…

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