In the matter of grant of permission to produce documents which were not relied upon, one of the important factors which is kept in view is that as to whether the document was a public document admissible per se and that there was no possibility of its fabrication and that it was coming from safe custody. This was not the situation in the present case. The unspecific receipts with no details of items as to which they related, being private documents the possibility of their fabrication could not be ruled out particularly in a situation where copies of the documents were never produced at the initial stage and no details were given in the written statement nor were the documents relied upon or confronted to the witnesses of the respondent or even endeavoured to be produced during the oral evidence of the petitioner. Additionally, the application was filed at a belated stage and that too without any admissible or sufficient reason to explain the delay or to seek permission. It is settled rule that where a document is neither relied upon nor produced at the earlier stage, the order of the learned Trial Court rejecting the prayer to receive it at a belated stage is deemed to be just, fair and in accordance with law and such order could not be claimed to be illegal or unreasonable.
W.P. No.26235 of 2017
Ijaz Ali v. Robina Kausar, etc.
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