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1992 CLC 1627

PIRACHA MULTIPURPOSE CORPORATION vs PROVINCE OF SINDH and another

Citation1992 CLC 1627
CourtSindh High Court
Case No.Suit No, 1118 of 1979 C.MA. No, 1344 of 1987
Date1989-09-27
Judge(s)Syed Abdur Rahman
ResultApplication allowed

ORDER

1. ' By this application under Order 16, Rule 1(2) read with Order 13, Rule 2 and section 151, C.P.C., the plaintiff has prayed to this Court to allow him to produce certain documents which he had attempted to produce before the Commissioner but the same request was turned down.

2. Thereupon he made an application for review of the order but it was also turned down by the Commissioner on the ground that no such powers for reviewing the order were available to him.

3. ' Mr. Shamshul Arlin who has appeared for plaintiff has submitted that on 4-12-1986 he had submitted before the Commissioner a list of witnesses he was required to bring with himself for production in the case. The learned Commissioner called upon the parties to admit and deny the documents. The documents now sought to be produced were denied by defendant No,1. Hence these documents are to he proved after being produced before the Commissioner. According to the plaintiff's counsel the said documents are public documents and official record. Their genuineness and authenticity is not doubted. He has therefore prayed that the delay to produce the same be condoned.

4. The defendants have opposed the admission of these documents on the ground that the same have been filed after a very long delay and that the delay has not been explained. After hearing the counsel for both the parties I am satisfied that a plausible explanation has been given for the delay and the production of the documents will not cause any undue inconvenience or prejudice to the defendants. Their authenticity or genuineness is not denied.

5. ' Under these circumstances I allow the application.

Cited by 2 cases

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