Law: Civil Procedure Code (V of 1908)

Section: O.XIII,R.1,2

Law: Civil Procedure Code (V of 1908)

Section: O.XIII,R.1,2

Civil Procedure Code (V of 1908)-------O. XIII, Rr.1 & 2---Documentary evidence, production of---Scope---Photocopies of documents annexed with plaint and/or filed in court in compliance of its order passed at the time of framing of issues---Effect---Original of such documents could be produced in evidence without formal permission of court---Documents not available on record could not be produced in evidence except with permission of court---Such permission could be granted only on showing good cause to the satisfaction of court and recording reasons therefor---Purpose of O.XIII, Rr.1 & 2, C.P.C. was to avoid possibility of presenting by parties forged, fabricated and manoevured documents at late stage and that they must be aware of documentary evidence and, might not be taken by surprise---Principles. Mst. Rukhsana Bibi v. Muhammad Ansar 2006 YLR 666; Umar Hayat v. Additional District Judge and others 2004 SCMR 1367; Messrs Al-Abram Builders (Pvt.) Limited v. Pakistan Defence Officers Housing Authority 2003 CLD 1497; Javed Rafat Khan v. Messrs Shabbir Tiles and Ceramics Limited PLD 2005 Karachi 1; Mrs. Uzma Aziz v. Mst. Maryam (Dorislions) and others PLD 2006 Kar. 58; Anwar Ahmad v. Mst. Nafisa Bano 2005 SCMR 152 and Rab Nawaz and others v. Muhammad Amir and another 999 SCMR 951 ref. Kh. Shamsul Islam for Plaintiffs. Ahmed Pirzada, Addl. A.-G. for Defendants Nos.1, 4, 6 and 8. Abid S. Zuberi for Defendant No.5. ORDER NADEEM AZHAR SIDDIQI, J.--- By filing this application the plaintiff has prayed for permission to produce documents. The plaintiff in the affidavit in support of application submits that on 3-3-2006 the matter was referred to Director Anti-Corruption and at the relevant time when the issues were framed on 19-4-2006 the documents were with the Director Anti-Corruption and that the copies of the documents were supplied to the learned counsel for the defendant. The defendant has filed counter-affidavit and submits that the application was filed with ulterior motives and after considerable delay of 14 (fourteen) months and submits that no course for delay in filing the documents has been shown. Mr. Kh. Shamsul Islam, learned counsel for the…

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