NASEEM & COMPANY vs CAPITAL DEVELOPMENT AUTHORITY arts — 2022 MLD 1426 ISLAMABAD

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NASEEM & COMPANY VS CAPITAL DEVELOPMENT AUTHORITY arts.85 & 86---Civil Procedure Code (V of 1908), O.XIII, R.2---Specific Relief act (I of 1877), Ss.42 & 54---additional evidence---Public and private documents---Production---Petitioner / plaintiff was allotted a plot by Capital Development authority but the same was cancelled--- Petitioner / plaintiff claimed that Capital Development authority failed to develop the site and instead of cancelling the plot should have allotted some other plot on other side which mode was adopted in case of many other allottees---Trial Court declined to direct Capital Development authority to produce record as referred by petitioner / plaintiff, as additional evidence---Validity---additional documentary evidence could be produced at a later stage in trial by showing good cause to the satisfaction of Court under O.XIII, R.2---Such exception was tied to documentary evidence in the possession or power of such party--- More liberal approach was to be followed for disclosure of record of public organizations than would be followed for private organizations--- Order passed by Trial Court was erroneous in labelling inability of petitioner / plaintiff to produce documents not in his possession or power as a lacuna in his case, and letting a custodian of public record withhold production of its record relevant to prove facts in issue---Trial Court mixed up legal burden of proof with evidential burden by fastening petitioner / plaintiff with obligation to produce documents not in his possession or power but in possession and power of Capital Development authority---High Court set aside order in question and remanded the matter to Trial Court for decision afresh on the issue---Constitutional petition was allowed accordingly.

NASEEM & COMPANY vs CAPITAL DEVELOPMENT AUTHORITY arts — 2022 MLD 1426 ISLAMABAD

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