ORDER-SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT LARKANA  

 

Constt. Petition No. S- 239 of 2018.

 

Date of hearing

Order with signature of Judge

 

01.10.2018.

 

1.       For orders on office objections “A”.

2.       For hearing of main case.

 

          Mr. Imdad Ali Mashori, Advocate for the petitioners.

          Mr. Amanullah Luhur, State Counsel.

 

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                    The facts in brief leading to passing of instant order are that the petitioners filed a suit for recovery of Rs.1,20,77,860/- against the respondents before learned Senior Civil Judge, Kashmore. It was dismissed. The appeal preferred by the petitioners against dismissal of their suit was also dismissed by learned Additional District Judge, Kandhkot. On filing of Revision Application before this Court, the matter was remanded to learned trial Court for its disposal afresh. On remand of the matter, the issues were amended and Mukhtiarkar Revenue, Taluka Kandhkot was also made party. In the meanwhile, the petitioners by way of filing an application U/O 13 Rule 1 & 2 CPC sought for production of certain documents. It was dismissed by learned Senior Civil Judge, Kandhkot by making an observation that it is filed at belated stage. The Revision Application preferred by the petitioners against dismissal of their above said application was also dismissed by learned District Judge, Kashmore @ Kandhkot. The petitioners have impugned the above said orders of dismissal of their above said application before this Court by way of instant constitutional petition.

                   It is contended by learned counsel for the petitioners that the petitioners have been denied right of fair trial by dismissing their application for production of documents by learned trial and Revisoinal Courts. By contending so, he sought for production of the documents at trial through the petitioners, those according to him, are essential for just decision of the controversy between the parties.

                   Learned State Counsel was fair enough to say that he would be having no objection, if subject to admissibility the petitioners are permitted to produce their documents at trial.

                   I have considered the above arguments and perused the record.

                   On remand of the matter, after joining of Mukhtiarkar Revenue, Taluka Kandhkot as party and amendment of the issues so framed, if the petitioners are intending to produce certain documents for determination of their rights, then they could not be prevented from doing so, such prevention under the pretext that it is filed at belated stage obviously would amount to denial to fair trial for determination of their civil rights and obligations, which are guaranteed by Article 10-A of the Constitution of Islamic Republic of Pakistan, 1973. In these premises, the orders of learned trial and Revisional Courts could not be sustained and are set aside.

                   The instant petition is disposed of in above terms.

 

                                                                                JUDGE