ORDER SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT, LARKANA

C.  P.   No.S-456    of   2010.

DATE OF HEARING

ORDER WITH SIGNATURE OF HON’BLE JUDGE

04.12.2012.

1. For orders on office objections.

2. For Katcha Peshi.

3. For Hearing of M.A. No.1098/2010.

Mr. Gul Muhammad Unar, advocate for petitioner.

Mr. Muhammad Bachal Tunio, Addl. A. G., assisted by Mr. Ali Raza Pathan, State Counsel.

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                   Mr. Gul Muhammad Unar, learned advocate for petitioner, contended that during the pendency of First Class Suit No.24/2008 before learned II-Senior Civil Judge, Shikarpur he filed an application for production of the certain documents and he requested learned II-Senior Civil Judge for time to argue the matter on 24.6.2009, but his request was not allowed and application was dismissed in the hasty manner without touching the merits of the application.  He submitted that learned IV-Additional District Judge, Shikarpur had also not provided fair opportunity to learned Counsel for the petitioner to argue the matter and Civil Revision Application No.19 of 2009 was dismissed. 

                   Mr. Manzoor Ahmed Unar, advocate for respondents No.2 to 9 is absent without intimation. 

                   Mr. Ali Raza Pathan, State Counsel, appeared on behalf of the official respondents and recorded no objection if directions are issued to concerned Civil Court for deciding an application moved by Mr. Gul Muhammad Unar in the above-mentioned suit for production of the documents on merits.  Law also favours adjudication on merits.  Valuable rights of the parties are involved in the matter.  Therefore, order dated 24.6.2009 passed by learned II-Senior Civil Judge, Shikarpur and order dated 29.1.2010 passed by learned IV-Additional District Judge, Shikarpur are hereby set aside.  An application under Order 13, Rule 2, C.P.C shall be deemed to be pending before learned II-Senior Civil Judge, Shikarpur.  Same shall be decided expeditiously by him strictly in accordance with law by providing fair opportunity to the both parties.  Constitutional petition is disposed of in above terms.

                                                                                                JUDGE