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UMER KHAYAM JOGEZAI vs MUMTAZ Ss — 2025 PLD 118 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Citation
2025 PLD 118 QUETTA-HIGH-COURT-BALOCHISTAN
Court
Balochistan High Court
Year
2025
Reporter
PLD
Parties
UMER KHAYAM JOGEZAI vs MUMTAZ Ss
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

UMER KHAYAM JOGEZAI VS MUMTAZ Ss. 115, 151, O.VII, R. 14 & O. XIII, Rr. 1, 2---Specific Relief act (I of 1877), Ss. 42, 8 & 54---Suit for declaration, possession and permanent injunction---application for production of document, rejection of---Delay in filing the application---Good cause, presence of---Petitioner assailed the order of rejection of application---Held: Order XIII, Rule 2, C.P.C. provided a remedy when a party failed to produce documents under O. XIII, R. 1 or O. VII, R. 14, C.P.C., which laid down that documentary evidence not produced as required should only be received if good cause for non-production was shown to the court's satisfaction, and the court must record its reasons for admitting such evidence---Mere delay in filing is not sufficient cause to disallow the document production, negating the purpose of O. XIII, R. 2, C.P.C.---application to produce documents or additional evidence can be filed at any stage, especially when document's genuineness is certain---Such evidence should not be excluded if produced late---Court has discretion to admit documents at a later stage to ensure justice and decide rights on merits, not on technicalities---If document authenticity is not in doubt, the application should not be lightly dismissed, as procedures aim to advance justice, not obstruct it---Civil revision was accepted, in circumstances.

Other judgments reported in 2025 PLD

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