Law:

Section:

Civil Procedure Code (V of 1908)--- ----O.XIII, R.2---Permission to' place on record document in question was not granted to plaintiff on ground that he had neither mentioned document in question in list of reliance appended with his plaint nor produced the same on four dates which were given to him for production of his evidence---Plaintiff's plea was that his counsel in Trial Court being overworked had inadvertently omitted to annex such document with plaint---Plaintiff should not suffer for the default/negligence of counsel---Document in question, however, found mention in the register of petition writer---Whether or not such document was genuine and could form basis of a decree would be a matter for evidence--­Law leans in favour of adjudication on merits and technicalities were to be avoided---Plaintiff should not be penalized for failure to comply with terms of O.XIH, R.2, C.P.C.---Order of Trial Court denying permission to plaintiff to produce document in question, was set aside and plaintiff was permitted to produce document in question on payment of specified cost. (b) Administration of justice- ---- Law leans in favour of adjudication on merits and technicalities are to be avoided. JUDGMENT Brief facts of the case are that the petitioner had filed a suit for specific performance of agreement dated 14-5-1990 against respondent No.1, in respect of agricultural land measuring 50 Kanals 2 Marlas situated in Chak No. 73/10-R, Tehsil and District Khanewal, in the Court of Senior Civil Judge, Khanewal. During the pendency of the civil suit; respondents No.2 and 3 fled an application for being impleaded as a party on the ground that they had been alienated the land in question by Muhammad Nawaz--­respondent No.l through Mutation No.268-dated 16-5-1991. This application was allowed. 2. Issues were framed on 7-3-1992 and four dates were given to the petitioner for production of his evidence, last date in the series being 18-10-1992. On 30-11-1992, an application was made by the petitioner under Order XIII, Rule 2, C.P.C. for permission to place on record a copy of the receipt dated 14-5-1990 regarding alleged payment of a sum of Rs.2,50,000 as earnest money. It…

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