2002 CLC 655
Qanun-e-Shahadat (10 of 1984)—
—-Arts. 76, 77 & 159—Document, production of—Issuance of notice for production of the document—Requirement—Scope—Where a party seeks to rely upon a document which is in the possession/control of the party entering the witness-box, the recourse may be had to the provisions of Arts.76, 77 & 159 of the Qanun-e-Shahadat, 1984, calling upon the party through notice to produce the same—If notice is not complied with, the requisite essentials for adducing secondary evidence by producing copy of such document becomes available unless it is privileged or classified document.
Civil Procedure Code (V of 1908)—
—-O. XIV, R.4—Production of documents—Powers of Court —Scope–Court can direct production of any document which in its opinion is necessary for striking any issue in terms of O.XIV, R.4, C. P. C.
Qanun-e-Shahadat (10 of 1984)-
—-Arts. 76, 77, 159 & 161—Production of document—Person required to produce the document when in witness-box—Procedure—No notice as required under Arts.76, 77 & 159 of the Qanun-e-Shahadat, 1984, can be given in such a case—Only the Court in exercise of powers under Art.161 of Qanun-e-Shahadat, 1984, may direct production of the documents.
Qanun-e-Shahadat (10 of 1984)—
—-Art. 161—Putting questions and direction to produce a-document–Power of Court—Scope—Court, under the provisions of Art.161 of Qanun-e-Shahadat, 1984, has the power to compel a witness to answer any question or to produce any document that the Court may think necessary or relevant to discover the truth or obtain proper proof of the relevant fact—Such powers are to be used with great care and only when it is absolutely necessary in the interest of justice or of its own independent evaluation and assessment of the case and not otherwise and in doing so, Court is not swayed by the whims and fancy of any party.
Qanun-e-Shahadat (10 of1984)—
—-Art. 161—Civil Procedure Code (V of 1908), O.VII, R.14, O.XI, Rr. 1, 12, O.XIII, R.1 & O.XIV, R.4—Production of documentary evidence—Jurisdiction of Court—Exercise of such jurisdiction–Principles—Where -any party considers production of any document necessary, such party may have recourse to the provisions of Civil Procedure Code, 1908, but a party cannot compel a Court to exercise its power merely because the party considers production of any document necessary for proving its own case or to discredit the case of other party—If, the Court is of the opinion that production of any document is relevant and necessary for the just decision of the case, the powers under Art.161 of the Qanun-e-Shahadat, 1984, are to be exercised by the Court with circumspection in the interest of justice tin its own accord and initiative—Necessity and relevancy of the document must be felt by the Court itself and not at the behest or motion of any party–Courts are required to maintain their neutrality and impartiality while exercising such powers, otherwise, the Court may be blamed of siding with a party in its expedition to fish evidence or to fill up the lacuna in the case.
Qanun-e-Shahadat (10 of 1984)—
—-Art. 159—Calling a document in possession of other party—Failure to give notice for production of the document —D6fendant had not served any notice calling upon plaintiff, who was in witness-box, for production of the documents that were considered necessary by him—Effect—High Court declined to compel or direct the plaintiff to produce the documents at the motion of the defendant in circumstances
