IZAT ALI vs MUHAMMAD ASHFAQ O — 2022 CLC 2090 QUETTA-HIGH-COURT-BALOCHISTAN

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IZAT ALI VS MUHAMMAD ASHFAQ O.XLI, R.27, O.XIII, Rr.1 & 2---Production of additional evidence in Appellate Court---Documentary evidence to be produced at first hearing---Effect of non-production of documents---Scope---Provision of R.27 of O. XLI, C.P.C., is to do justice and not to fill up the lacuna of the case---Parties to the suit must be vigilant while contesting the case---If any party is careless, fails to take necessary steps for production of evidence it cannot be permitted under the garb of R. 27 of O.XLI, C.P.C. production of additional evidence---Rule 27 of O.XLI, C.P.C. must be read conjointly with O.XIII, Rr. 1 & 2, C.P.C.---Under O.XIII, R.1, C.P.C., the party must produce documentary evidence on first hearing---Word "shall" is used in the referred rule, meaning thereby that the party is under legal obligation to produce the documentary evidence in its possession or power on which it intend to rely---Under O. XIII, R. 2, C.P.C., the court shall receive the documentary evidence subject to satisfaction of Court or showing good cause for non-production of the same on last hearing, meaning thereby that the Court is empowered to receive the document subsequently subject to showing good cause for non-production of the document---Power under R. 27 of O. XLI, C.P.C., is to be exercised only if the court considers that it would not be able to pronounce judgement without further evidence and the Rule cannot be used to benefit a party which has not been vigilant enough---For production of additional evidence/documentary evidence the party has to establish that the evidence to be produced is unimpeachable in nature and its absence may cause miscarriage of justice, which in spite of due care and diligence could not be produced at trial and such evidence came to existence or knowledge of appellant after completion of trial---Party who wants to produce additional documentary evidence must convince the Court with proof---Additional evidence cannot be allowed to be produced to cover up the weaknesses of a party. Head NotesCase Description

IZAT ALI vs MUHAMMAD ASHFAQ O — 2022 CLC 2090 QUETTA-HIGH-COURT-BALOCHISTAN

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