1. ' This is a suit for recovery of damages on account of professional negligence and malpractice committed by the defendant.
2. ' Through this application, learned counsel for the plaintiff has prayed for a direction to the Nazir of this Court to attach and take in his custody the documents as mentioned in the application at Serial No,(i) to (xi) which are presently lying in the custody of defendant No,1, and to keep all such documents record in safe custody for being produced in Court at the time of evidence or as and when required. In support of this application plaintiff Muhammad Afsar Khan has filed his affidavit stating therein that the said material/documents are necessary for complete and effectual adjudication of the matter in controversy and the case of the plaintiff mainly rests upon the said documents. The plaintiff has expressed his apprehensions that if the documents will remain in custody of defendant No,1, there is every likelihood of some tampering or misplacement in order to defeat the claim of the plaintiff. In support of his contention that such prayer can be granted even at the initial stages without notice to the other side learned counsel has referred two unreported orders passed in Civil Suit Nos.1329 of 2001 and 495 of 2003 by two different benches. In the order passed in Suit No,1329 of 2001 reliance has been placed on the cases of Hajra Begum v. Agha Khan University Hospital PLD 1995 Karachi 603 and Raghunath G. Raheja v. Maharashtra Medical Counsel and others AIR 1996 Bombay 198.
3. In view of the above stated legal and factual position, I feel inclined to grant this application.
4. Resultantly, Nazir of this Court is directed to attach and take in his custody the said record presently in possession of defendant No,1 and to seal the same and keep it in safe custody till further orders from this Court. In case of any resistance from the defendants or anyone on their behalf the Nazir may seek assistance of the concerned Police Station. Nazir's fee of Rs,3,000 shall be deposited by the plaintiff which shall be disbursed approval of the Honourable Chief Justice.