Law:

Section:

Civil Procedure Code (V of 1908)-------O. XIII, Rr.2 & 3---Production of documents---Discretion of Trial Court, exercise of---Administration of justice---Direction of High Court for expeditious disposal of suit---Effect---After close of evidence by plaintiff, he filed application for production of certain documents---Defendant, in reply to the application, did not dispute the authenticity of the documents---Trial Court dismissed the application on the ground that the permission to produce the documents would delay the decision of the trial---Plea raised by the plaintiff was that the Trial Court declined to produce the documents only for the reason that there was a direction of High Court for expeditious disposal of the suit---Validity---Documents sought to be produced by the plaintiff would have been of relevance and importance for the decision of the matter---Rejection of application that if permission was allowed, it would run counter to the direction of High Court, was based on extraneous reasons, unsustainable in law---By producing the documents, the defendant should have an equal opportunity to rebut/disprove the assertion of plaintiff---Plaintiff should have filed the application for production of such documents, soon after the written statement had been filed by the defendant, therefore, High Court allowed the application for production of documents and burdened the plaintiff with a cost, for such lapse---Judgment and decree passed by the Trial Court was set aside and the case was remanded to Trial Court for decision in accordance with law---Appeal was allowed in circumstances. The Lahore Improvement Trust v. Messrs Khuda Bakhsh Meral Din PLD 1956 Lah. 252; United Bank Ltd. Karachi v. Shabbir Ahmad Abbasi and another PLD 1981 Kar. 255 and Shabbir Ahmad Abbasi v. United Bank Limited Karachi and others PLD 1981 Kar. 596 rel. Sh. Anwarul Haq for Appellant. Muzaffar Ahmad Zafar for Respondent. Date of hearing: 8th February, 2005. JUDGMENT SYED ZAHID HUSSAIN, J.--- A suit for awarding damages and compensation amounting to 1,57,600 U.S. Dollars was instituted by the appellant before the Civil Court at Faisalabad. The break up of the claim for damages was…

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