Combined reading of the provisions of Order 13 Rules 1 and 2 of the Code of Civil Procedure, 1908 makes it clear that the parties or their pleaders are required to produce the documents on the first hearing of the suit, which they intend to rely upon, if not already filed, enabling the Court to call upon the parties to admit or deny the documents. The documents, which were in the possession or within the power of the parties, cannot be produced on subsequent stage, unless (i) ‘good cause’ is shown (ii) this ‘good cause’ should be to the satisfaction of the Court and (iii) Court is required to record reasons for allowing such production of documents.
The likely objects behind the above two provisions are to prevent the litigants from fraud, to avoid undue delays and to create a barrier against the misuse of process of law. The purpose of requiring to record reasons for allowing such production is to be watchful that no collateral purpose besides establishing the cause(s) in the pleadings and enabling the Court to reach a just conclusion, can be achieved by the litigants. There appears no intention behind this part legislation, to completely close the doors for receiving the documents, in the circumstances where these documents are necessary to reach the just conclusion and other side can reasonably be afforded an opportunity to admit or deny or rebut those documents.
It is frequently held by the Honourable Supreme Court of the Pakistan that at the time of allowing production of documents under Order 13 Rule 2 of the Code of Civil Procedure, 1908 the learned Court should also consider the genuiness of the documents required to be produced and the prejudice that can possibly be caused to the other side of not having timely notice as well as the chance of depriving the opportunity to rebuttal of said documents.
There cannot be any fixed criteria or a yardstick to ascertain of ‘good cause’ and it certainly
will fluctuate with the facts of every case, which has to be seen by the learned Courts while keeping in view the nature of documents sought to be produced, stage of the trial and / or proceedings and other elements indicated above.
Writ Petition No. 13535 of 2021
Mian Usman Ali Versus District Judge and 17 Others.
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