| Case ID |
16ab221f-b70f-4833-91d6-13b630d847ae |
| Body |
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| Case Number |
D-2741 of 2016 |
| Decision Date |
Dec 01, 2016 |
| Hearing Date |
Nov 04, 2016 |
| Decision |
The Sindh High Court allowed the application for condonation of delay in filing the lists of witnesses and documents. The court noted that the plaintiff was seriously ill, which justified the delay of six days for documents and eight days for witnesses. The court emphasized that the rules regarding the production of documents are directory and allow for discretion when good cause is shown. The decision ensures that the plaintiff's rights are protected, allowing them to present their case without being prejudiced by minor delays. The court instructed the parties to proceed with recording evidence, affirming the importance of substantive justice over procedural technicalities. |
| Summary |
In the case before the Sindh High Court, the plaintiffs sought to condone a delay in the filing of lists of witnesses and documents due to the serious illness of the plaintiff. The court evaluated the principles under the Civil Procedure Code, particularly Order XIII, which governs the production of documents. The court determined that the delays were minor and justified, as the plaintiff's health issues hindered compliance with court timelines. The ruling underscored the court's discretion in such matters, emphasizing that the pursuit of justice should not be stifled by procedural delays, especially when good cause is shown. This case highlights the importance of allowing parties to present their evidence, ensuring that justice is served without undue hindrance from technicalities. Legal practitioners should note the implications of this decision on future cases involving procedural timelines and the necessity for courts to act with flexibility in the interest of justice. |
| Court |
Sindh High Court
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD JUNAID GHAFFAR, JUSTICE
|
| Lawyers |
Anwar Mansoor Khan,
Bashir Ahmed Khan,
Mansoor-ul-Arfin
|
| Petitioners |
HAJI ABDUL RAZZAK THROUGH L.RS. AND others
|
| Respondents |
MUSLIM COMMERCIAL BANK LTD. AND others
|
| Citations |
2016 SLD 3923,
2016 YLR 2197
|
| Other Citations |
Kohinoor Tobaco Co. v. S.M. Idrees Allawala 2013 CLC 1789,
PLD 1963 SC 382,
2014 MLD 428,
2004 YLR 1841,
2009 YLR 1841,
2003 CLC 1579,
PLD 2006 Kar. 58,
2005 SCMR 152,
1986 CLC 858,
2005 CLC 1305,
2014 CLC 188,
2005 CLC 1698,
2005 CLC 780
|
| Laws Involved |
Civil Procedure Code (V of 1908)
|
| Sections |
O. XIII, Rr. 1 & 2
|