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MUHAMMAD NAJEEB vs DISTRICT JUDGE MIRPUR, AZAD KASHMIR art — 2025 CLC 223 HIGH-COURT-AZAD-KASHMIR

Case information

Citation
2025 CLC 223 HIGH-COURT-AZAD-KASHMIR
Year
2025
Reporter
CLC
Parties
MUHAMMAD NAJEEB vs DISTRICT JUDGE MIRPUR, AZAD KASHMIR art
Subject matter
Criminal
Provisions referred to
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

MUHAMMAD NAJEEB VS DISTRICT JUDGE MIRPUR, AZAD KASHMIR art. 44---Civil Procedure Code (V of 1908), O. XLI, R.27---Production of documents at belated stage---Writ petition---Maintainability---Trial Court allowed the party to produce documents at later stage of proceedings, which order was maintained by the District Court---Validity---a writ petition can be filed where the orders passed by the Courts below are lacking jurisdictional competence or have been passed in derogation of law but when the Trial Court has exercised discretion in a judicious manner and the order of the Trial Court is maintained in revision petition ,then the same cannot be assailed in writ jurisdiction---No legal infirmity or lack of jurisdiction in the impugned orders was noticed---Documents allowed to be produced were necessary for just decision of the case---Impugned orders required no indulgence by the High Court----Writ petitions were dismissed , in circumstances . Citation Name: 2025 CLC 223 HIGH-COURT-AZAD-KASHMIRBookmark this Case MUHAMMAD NAJEEB VS DISTRICT JUDGE MIRPUR, AZAD KASHMIR O. XLI, R. 27 & O. XIII, Rr. 1, 2---Production of documents at belated stage---Public good cause---Trial Court allowed the party to produce documents at later stage of proceedings, which order was maintained by the District Court---Validity---Though the respondents-applicants had only mentioned that they might be allowed to produce documentary evidence for the sake of justice in their application, which could not be termed as good cause, however, the petitioner had not denied that the same were to be produced in order to rebut the documents produced by him( petitioner)---Hence, when the petitioner had been allowed to produce documents at belated stage, allowing the respondents to produce documents at later stage in order to rebut those documents produced by petitioner was quite justified---No legal infirmity or lack of jurisdiction in the impugned orders was noticed---Documents allowed to be produced were necessary for just decision of the case---Impugned orders required no indulgence by the High Court---Writ petition was dismissed , in circumstances. Citation Name: 2025 CLC 223 HIGH-COURT-AZAD-KASHMIRBookmark this Case MUHAMMAD NAJEEB VS DISTRICT JUDGE MIRPUR, AZAD KASHMIR O. XLI, R. 27---Production of documents at belated stage---Public documents---Trial Court allowed the party to produce documents at later stage of proceedings, which order was maintained by the District Court---Validity---If the documents intended to be produced are part of public record; have come from proper custody; there authenticity is beyond doubt, then the Court should exercise its discretion accepting the documents and such like documents shall not ordinarily be refused---In the present case, admittedly, the documents sought to be produced were public documents and were necessary for correct decision of the case because, undeniably, the petitioner produced some documents and in order to rebut the same the documents allowed by the Courts below to the respondents were necessary to be produced---No legal infirmity or lack of jurisdiction in the impugned orders was noticed---Documents allowed to be produced were necessary for just decision of the case Impugned orders required no indulgence by the High Court----Writ petitions were dismissed , in circumstances .

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