Law:

Section:

Civil Procedure Code (V of 1908)-------O. XIII, R. 2---Constitution of Pakistan (1973), Art. 185(3)---Defendant failing to produce documents at the first date of hearing of suit---Defendant producing documents on the date of his evidence but on the objection of plaintiff, Trial Court did not allow defendant to produce those documents---Defendant's revision petition to call in question the legality of order of Trial Court was dismissed---Leave to appeal---No documentary evidence in possession or power of a party which should have been but had not been produced at the first hearing of suit could be received in evidence under R. 2, Order XIII, C.P.C. at any subsequent stage of proceedings unless cause was shown to the satisfaction of Court for the non-production thereof---No satisfactory explanation was given by defendant as to why he did not produce the documents at the first hearing of suit---Trial Court's finding was that introduction of documents at the stage of defendant's evidence would prejudice case of plaintiff---Trial Court had thus not acted arbitrarily in circumstances---No principle of law having been violated by the Trial Court, case was not fit for interference by Supreme Court---Leave to appeal was refused. Iqbal Ahmad v. Khurshid Ahmad 1987 SCMR 744; Umar Hayat v. Naik Alam PLD 1977 Azad J&K 78 and Miss Rakhshanda Aslam v. Nomination Board of Azad Jammu & Kashmir PLD 1985 A J&K 41 distinguished. ORDER SAAD SAOOD JAN, J.---On 29-11-1986 the respondents brought a suit inter alia for possession of certain properties and cancellation of a partition deed. The suit was resisted by the petitioner who filed his written statement on 29-10-1987. The trial Court framed a number of issues arising out of the pleadings of the parties and called upon them to lead their evidence. The respondents concluded their evidence on 5-3-1988. The trial Court then fixed 27-3-1988 as the date for recording the evidence of the petitioner. On this date the petitioner wanted to introduce about 80 documents in evidence. This was objected to by the respondents on the ground that these had neither been produced nor relied upon earlier. The…

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