1. ' RAHMAT HUSSAIN JAFFERI, J.---During the course of arguments of C.M.As. Nos. 1117/2004 and 3434/2004 filed by the plaintiff and defendants 3, 5 and 6 respectively, the learned Advocate for the defendants 1 and 2 filed a photostat copy of extract of entries of City Register of Birth in Municipal limits of Karachi bearing No,212704 in support of the proof that defendant No,2 was horn during the marriage between defendant No,1 and deceased Haroon Qasim (copy be supplied to the learned Advocates for the plaintiff and defendants 2 and 3). It was found;necessary to examine the question by allowing the parties to lead evidence in support of their claims. Therefore, the parties' Advocates agreed for framing preliminary issues, which are as under:--
(1) Whether the deceased Haroon Qasim had adopted the defendant No,2 or the defendant No,2 was born during the marriage between defendant No,1 and deceased?
(2) What should the order be?
2. ' The Certificate of readiness, list of witnesses documents be filed within a period of 7 days. Both the above mentioned C.M.As. Will be considered on the next date of hearing.
3. ' The learned Advocate for the defendants 1 and 2 has objected that 7 days' time for filing the documents cannot be fixed as no time limit is fixed under Order XIII, Rule 1, C.P.C. Therefore, the time may be extended for eight weeks because the defendants 1 and 2 are out of country.
4. Under the law the parties are required to file documents along with pleadings because under Order VII Rule 14, C.P.0 the plaintiff is required to produce the document on which he sues. The Order VII Rule 14, C.P.C. Reads as under:-- "14. Production of document on which plaintiff sues.--(1) Where a plaintiff sues upon a document in his possession or power, he shall produce it in Court when the plaint is presented, and shall at the same time deliver the document or a copy thereof to be filed with the plaint.
5. List of other documents.--(2) Where he relies on any other documents (whether in his possession or power or not) as evidence in support of his claim, he shall enter such documents in a list to be added or annexed to the plaint."
6. There is no corresponding provision in Order VIII for producing the documents along with written statement. The Province of Punjab have made corresponding amendment in Order VIII, but the Province of Sindh have not made such amendment for the simple reason that under Order V rule 7, C.P.C. The defendant is directed to appear, answer and produce all documents in his possession or power upon which he intends to rely in support of his case. The Order V Rule 7, C.P.C. Reads as under:-- "7. Summons to order defendant to produce documents relied on by him.--The summons to appear and answer shall order the defendant to produce all documents in his possession or power upon which he intends to rely in support of his case."
7. If for any reason the parties do not file the documents at the initial stage then law provides that the documents be filed on first hearing, as required under Order XIII Rule 1, C.P.C, that reads as under:-- "1. <u.documentary>--(1) The parties or their pleaders shall produce, at the first hearing of the suit, all the documentary evidence of every description in their possession or power, on which they intend to rely, and which has not already been filed in Court, and all documents which the Court has ordered to be produced.</u.documentary>
(2) The Court shall receive the documents so produced: Provided that they are accompanied by an accurate list thereof prepared in such form as the High Court directs.
(3) On production of documents under this rule, the Court may call upon the parties to admit or deny the documents produced in the Court and record their admission or, as the case may be, denial."
8. It is pertinent to point out that the summons are issued to the D defendant either to settle the issues or fon final disposal as required under Order V Rule 5, C.P.C. That reads as under:- "5. Summons to be either to settle issues or for final disposal.--- The Court shall determine, at the time of issuing the summons, whether it shall be for the settlement of issues only, or for the final disposal of the suit; and the summons shall contain a direction accordingly: ' Provided that, in every suit heard by a Court of Small Causes, the summons shall be for the final disposal of the suit."
9. Under Order VIII, Rule 1, C.P.0 the defendant is required to file written statement on first hearing. It reads as under:- 1 Written statement.--The defendant may, and, if so required by the Court, shall, at or before the first hearing or within such time as the Court may permit, present a written statement of his defence: ' Provided that the period allowed for filing the written statement shall not ordinarily exceed thirty days.
10. Under the proviso the defendant is allowed to file written statement within a period which shall not ordinarily exceed 30 days. If for any reason the suit is adjourned then the adjourned hearing would be deemed to be first hearing as provided under rule 3 Sub-Rule (4) of Sindh Chief Court Rules (0.S), which reads as under:- "3(4) "first hearing" include" the hearing of a suit for settlement of a suit for settlement of issues and any adjournment thereof;"
11. The issues are to be framed on the first hearing, as required under Order XIV Rule 1 (5), C.P.C.
12. Therefore, the documents which could not have been filed at the initial stage can be filed on the date of framing of the issues being the first hearing of the suit. If no documents are filed on that date then the *parties cannot produce the document or exhibit it in the evidence unless good cause is shown within the meaning of Order XIII, Rule 2, C.P.C. That reads as under:-
2. Effect of non-production of documents.--No documentary evidence in the possession or power of any party which should have been but has not been produced in accordance with the requirements of rule 1 shall be received at any subsequent stage of the proceedings unless good cause is shown to the satisfaction of the Court for the non-production thereof; and the Court receiving any such evidence shall record the reasons for so doing.
13. ' In the present case the learned Advocate for the defendants 1 and 2 has produced the photostat copy of birth certificate, which is taken on, record, but the same is required to be received through a list in the form as shown in annexure 'H' Form 5 attached to the C.P.C. The said document has not been produced along with the required list, as such, the parties were directed .To file the list of documents within a period of 7 days The oral motion made by the learned Advocate for the defendants. 1 and 2 for extension of time for producing the documents cannot be accepted because under rule 111 of Sindh Chief Court Rules motions can be made orally in matters of routine or indulgence or in matters wholly within the discretion of the Judge. In the present case the defendants 1 & 2 want to produce the documents beyond the period provided under Order XIII, Rule 1, C.P.C, therefore, for that purpose a good cause is required to be shown for extension of time. Furthermore, a vested right has been created in favour of other party Which cannot be disturbed without, providing opportunity to him and passing appropriate order within the meaning of Order XIII, Rule 2, C.P.C. Apart from above, if the time for filing the list of documents is extended beyond the period of 7 days then it might come in conflict with Order XVI, Rule 1, C.P.C. As the list of witnesses is required to be filed within 7 days. The commission is also to be notified on the first hearing as required under Rule 194 of Sindh Chief Court Rules, that reads as under:--
194. Parties to notify commission.--(J) When a party to a suit or matter intends to apply for a commission to examine a witness, he shall notify his intention to do so at the first hearing, and thereupon, unless otherwise ordered by the Court, the suit or matter shall not be set down for final disposal.
(2) No application for the issue of such commission as aforesaid shall be entertained after the suit or matter has been set down for final disposal in default of such intimation unless the Court is satisfied that the application could not have been made earlier, and in that case the Court may make such orders as to costs as it deems fit.
14. Thus for producing documents which have not been filed as required under Order V Rule 7, Order VII Rule 14 and under Order XIII Rule 1, C.P.0 the parties may adopt legal course by invoking the provisions of Order XIII rule 2, C.P.C. The suit is adjourned for evidence of the parties and hearing of C.M.As. Nos. 1117/2004 and 3434/2004.
15. ' Learned Advocate for he defendants 1 and 2 requests that the birth certificate may be returned so that he may obtain its photostat copies, to be supplied to the other side as this is the only copy with him. The office is directed to give the birth ,certificate to the learned Advocate for the defendants 1 and 2, after procuring receipt from him for getting the copies and thereafter it shall be re-filed. revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.