Law:

Section:

(a) Civil Procedure Code (V of 1908)-------S. 75 & O. XXVI, R.16---Local Commissioner---Powers---Scope--­Local Commissioner appointed under direction of High Court performs function of the Court and for all intents and purposes enjoys the same powers as the Court itself possessed---Non-compliance of direction of the Commissioner amounts to disobedience of the orders of the Court and all consequences attached thereto follows. (b) Civil Procedure Code (V of 1908)--- ----O. VII, R.14, O. XI, Rr. 1 & 12, O.XIII, R.1 & O.XIV, R.4--­Production of document in a civil suit---Procedure. Code of Civil Procedure lays down elaborate procedure where ­under documents sought to be relied upon may be produced or caused to be produced by a party to the proceedings. First stage in a suit for production of documents for the plaintiff is at the time of filing of suit or presentation of plaint (Order 7, rule 14, C.P.C.) and for the defendant is at, the time of filing of written statement (see also 1991 SCMR 1935) if first stage is not availed of and a party considers that a document he seeks to rely upon in support of its claim or defense is in possession or control of other, then recourse to Order XI, rule 1, C.P.C. may be had whereby a party may be called upon to deliver interrogatories and in case it is not followed then a party to the proceedings may take recourse to Order XI, rule 12, C.P.C. and call upon other party to disclose all the documents in his possession relating to the question in issue. On disclosure of such documents same can be sought to be produced and inspected under the order of the Court. On the first date of hearing i.e. date of framing of issues, parties to the suit are required to produce all the documentary evidence of every description in their possession or power on which they intend to rely and which has not already been filed in Court (Order XIII, rule 1, C.P.C.) or where the Court is of opinion that issues cannot be correctly framed without inspection of some documents not produced in suit Court may compel the production of any ,such document by the person in whose possession or power it is (Order XIV, rule 4, C.P.C.), such exercise was…

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