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ICI PAKISTAN LTD. vs AL ABID SILK MILLS LTD — 2025 CLC 1224 KARACHI-HIGH-COURT-SINDH

Case information

Citation
2025 CLC 1224 KARACHI-HIGH-COURT-SINDH
Court
Sindh High Court
Year
2025
Reporter
CLC
Parties
ICI PAKISTAN LTD. vs AL ABID SILK MILLS LTD
Subject matter
Civil
Provisions referred to
S. 151; Civil Procedure Code (V of 1908)

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

ICI PAKISTAN LTD. VS AL ABID SILK MILLS LTD. arts. 74 & 76---Civil Procedure Code (V of 1908), S. 151 & O.XIII, R. 2---Suit for recovery of money---Secondary evidence---Loss of original documents---Due diligence---Proof---Plaintiff/applicant sought permission to produce secondary evidence with regard to documents in question which were claimed to be lost---Validity---Plaintiff/applicant could not claim benefit of art. 76(c) of Qanun-e-Shahadat, 1984---Loss of original documents was not due to uncontrollable or unforeseeable event but rather resulted from plaintiff's/applicant's own internal mismanagement---allowing secondary evidence under such conditions would undermine the principle that parties must exercise proper care in preserving documentary evidence, particularly when such documents form basis of a legal claim---Request of plaintiff/applicant to rely on secondary evidence under art. 76(c) of Qanun-e-Shahadat, 1984 was legally unsustainable and could not be entertained---Protection of art. 76(c) of Qanun-e-Shahadat, 1984 is not granted mechanically or routinely; it is contingent upon the party demonstrating that loss of documents occurred despite exercising reasonable care and was not due to its own negligence---Plaintiff's casual assertion of loss, without any accompanying evidence of efforts to prevent or mitigate such loss, indicated lack of due diligence---Such plea was only raised when Evidence Commissioner refused to exhibit photocopies of documents concerned---High Court declined producing of secondary evidence of documents in question as plaintiff/applicant was treating invocation of art. 76(c) of Qanun-e-Shahadat 1984, as an afterthought rather than a legitimate legal entitlement---application was dismissed, in circumstances.

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