Case Details

Citation(s)
1999 SLG 345 1999 SLD 345 1999 SCMR 951
Supreme Court of Pakistan
Civil Petition for Leave to Appeal No.598 of 1997, decision dated: 29-10-1998. (On appeal from the judgment, dated 13-3-1997 of the Lahore High Court, Multan Bench, Multan, passed in Civil Revision No.600-D of 1995)
MUHAMMAD BASHIR, JEHANGIRI AND MAMOON KAZI, JJ
Raja Muhammad Bashir. Advocate Supreme Court instructed by Mehr Khan Malik, Advocate-on-Record for Petitioners. Nemo for
Respondent No. 1. Samad Mehmood, Advocate Supreme Court for
Respondent No. 2

RAB NAWAZ and 8 others

VS

MUHAMMAD AMIR and another

Law:

Section:

(a) Civil Procedure Code (V of 1908)--O. XIII, Rr. 1 & 2---Production of documentary evidence at the first hearing---Exception---Good cause and reasons to the satisfaction of Trial Court for producing documentary evidence at a subsequent stage of proceedings necessary---Court receiving any such evidence had to second reasons for so doing---Principles. Under Rule 1 of Order XIII of the C.P.C., the petitioners were required to have produced at the first hearing of the suit all the documentary evidence of every description in their possession or power on which they intended to rely which were already filed in Court. The only exception is produced in Rule 2 of Order XIII, C.P.C. which lays down that no documentary evidence in possession or power of any party which should have been but has not been produced in accordance with the requirement of Rule 1, shall be received at any subsequent stage of the proceedings unless good cause is shown to the satisfaction of the Court for non-production thereof and the Court receiving any such evidence shall record the reasons for so doing. It would, thus, be noticed that a good cause has to be shown to the satisfaction of the trial Court for non-­production of the documents. (b) Constitution of Pakistan (1973)--- ----Art. 185(3)---Petition for leave to appeal---Two Courts below had come to a definite conclusion on finding of fact---Supreme Court declined interference. ORDER MUHAMMAD BASHIR JEHANGIRI, J.---This petition for leave to appeal is directed against the judgment and decree, dated 13-3-1997 passed by a learned Single Judge of Lahore High Court. Multan Bench. dismissing Civil Revision No.600-D of 1995 in limine. 2. The facts of the case briefly stated in the impugned order are that Muhammad Azam, predecessor-in-interest of the respondents, was an oustee of Islamabad. He was accordingly issued an entitlement Certificate against which land was to be allotted to him in Punjab Muhammad Azam deceased, therefore, allegedly executed a General Power of Attorney in favour of Haq Nawaz predecessor-in-interest of the petitioners on 2-I 1-1966 for the purpose of getting the land allotted and thereafter, to transfer it in favour…
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