SABA FARUQUI vs GHAZALA AZIZ O — 2023 YLR 969 KARACHI-HIGH-COURT-SINDH

Case information

Citation: 2023 YLR 969 KARACHI-HIGH-COURT-SINDH
Court: Sindh High Court
Year: 2023
Reporter: YLR
Parties: SABA FARUQUI vs GHAZALA AZIZ O
Subject matter: Civil

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

SABA FARUQUI VS GHAZALA AZIZ O.XI, R.18---Specific Relief act (I of 1877), Ss.12, 42 & 54---Suit for specific performance of agreement, declaration and injunction--- Inspection of documents--- Principle--- Defendant sought permission to inspect documents annexed by plaintiffs with plaint---Validity---Written statement was already filed by defendants and there was admission regarding entering into some agreement or arrangement in respect of suit property---Documents of which inspection was sought as those were not signed or executed, was not of much relevance---High Court declined to exercise its discretion to entertain such application as it was an attempt to delay expeditious disposal of suit at trial---Matter was ripe for evidence, as proposed issues had been filed and after settlement of issues parties were required to file documents in original on which they intend to rely and lead evidence---If plaintiffs would fail to mention such documents for its evidence, then matter would end whereas if any reliance was placed on any such document, then its admissibility could be questioned by defendants and the matter would then be decided by Court in accordance with law---Defendants were at liberty to contest and agitate such issue at the time of leading of evidence by parties and could also confront plaintiffs to that effect---application was dismissed in circumstances.

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