Law: Civil Procedure Code (V of 1908)

Section: O.XIII,r.2,O.VII,r.18,100

(a) Civil Procedure Code (V of 1908)------ -----O. XIII, r. 2 ­Considerations to be kept in view in admitting documents; Plain­tiff minor, next friend mother; document: in previous suit-Document should be admitted-Court cannot supersede its order of admission in absence of any fresh ground-Tender of document by counsel is tender by party-Civil Procedure Code (v of 1908) , O. VII, r. 18. The plaintiff, a minor suing through his mother as next friend, tendered through his counsel along with an appli­cation under Order VII, rule 18, Civil P. C. on the day he closed his case, a certified copy of a in a previous case relating to the property concerned in the suit. The document was admitted by the Court but then at the time of argument, it was excluded on objection taken by the defendant. Held, that the trial Court was not entitled to supersede its previous order for no fresh grounds had arisen for a reconsideration of the matter. That it was improper to exclude the document in question even if the previous order had not existed. That whenever a document is produced before a Court to the admission of which objection is taken on the ground that it was not relied upon in the list of documents submitted by the party, or that it was not produced at the first hearing of the suit in accordance with Order XIII, rule 1, Civil P. Câ-ž the Court has to consider: (1) whether there are good grounds for the failure to enter it in the list or to produce it at the first hearing, (2) is there any doubt about the genuineness of the document ? (3) will the opposite party be prejudiced by the fact that it had no timely notice of the intention of the party to produce the document and if there be possibility of such prejudice, will there be too great a delay in the con­duct of the case by granting the opposite party an opportunity to rebut this document ? Whether the delay will be un­reasonable depends on the circumstances of each case. That there was no difference between tender of a docu­ment by counsel and a tender by party himself. While tendering documents it is not necessary to take an oath. The Lahore Improvement Trust v. Messrs. Khuda Bakhsh­Meraj Din P L D 1956 Lah. 252 ref. (b)…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492