| Case ID |
1006627a-db29-4a11-a1ed-d72864461580 |
| Body |
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| Case Number |
Civil Petition for Special Leave to Appeal No. 189 |
| Decision Date |
Nov 04, 1980 |
| Hearing Date |
|
| Decision |
The Supreme Court set aside the orders of the lower courts regarding the disallowance of inspection of the departmental file for cross-examination purposes. The Court emphasized that the Civil Procedure Code is meant to facilitate justice and should not be used to create unnecessary technical barriers. The petitioner was granted the right to inspect the file to prepare for cross-examination, and the case was remanded back to the learned Civil Judge to proceed accordingly. The Court highlighted the importance of allowing parties to access relevant evidence for fair proceedings, thus ensuring the smooth administration of justice. |
| Summary |
In the case of MESSRS VULCAN COMPANY LIMITED v. THE PROVINCE OF THE PUNJAB AND OTHERS, the Supreme Court of Pakistan addressed the issue of inspection of files under the Civil Procedure Code, particularly focusing on Order XI, rule 18. The case arose from a dispute where the petitioner, a company, was denied access to a departmental file necessary for cross-examination during arbitration proceedings. The Court ruled that the lower court's insistence on hyper-technicalities obstructed the proper administration of justice. By allowing the petitioner to inspect the file, the Supreme Court reinforced the principle that procedural rules should aid, not hinder, the pursuit of justice. This case serves as a significant precedent for ensuring that technicalities do not impede fair trial rights, thereby highlighting the judiciary's role in safeguarding access to evidence in civil litigation. Keywords: Civil Procedure Code, cross-examination rights, Supreme Court, arbitration, justice facilitation. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD HALEEM,
MUSHTAQ HUSSAIN
|
| Lawyers |
Sh. Shaukat Ali, Sr. Advocate Supreme Court,
Zia Ullah Sheikh, Advocate Supreme Court,
Ejaz Ahmad Khan, Advocate-on-Record,
M. A. Bajwa,
Abid Awan,
Raja Afrasiab
|
| Petitioners |
MESSRS VULCAN COMPANY LIMITED
|
| Respondents |
THE PROVINCE OF THE PUNJAB AND OTHERS
|
| Citations |
1982 SLD 320,
1982 SCMR 430
|
| Other Citations |
Not available
|
| Laws Involved |
Civil Procedure Code (V of 1908)
|
| Sections |
O. XI, rule 18
|