ORDER SHEET

IN THE HIGH COURT OF SINDH, KARACHI

Suit No.317 of 1975

Date                                         Order with signature of Judge

1. For orders on Commissioner's report dated 05.1.2008.

2. For hearing of CMA No.658/2008.

05.3.2008.

Mr. Fazle Ghani Khan, advocate.

Mr. Abid S. Zuberi, advocate.

…..

Mr. Fazle Ghani Khan has moved an application under Order XIII, Rule 2 read with Section 151, CPC (CMA No.658/2008). He wants to file certain documents which he could not file at the time of filing the suit as well as at the time of filing of affidavit-in-evidence.  Mr. Abid S. Zuberi has strong objection upon filing of these documents. He says that these documents have not even been exhibited in the evidence and at this latter stage cannot be considered in this case. The objection of Mr. Abid S. Zuberi is taken on record. The documents are allowed to be taken on record subject to the objection made by Mr. Abid S. Zuberi, advocate and burden of proof for proving the documents and genuineness of the documents shall remain on the plaintiff. Mr. Abid S. Zuberi will be at liberty to cross-examine the witnesses on the documents.

Adjourned.

Judge