ORDER

1. Issue notice.

2. Mr. Mahfooz Ahsan Nazki accepts notice on behalf of respondent No.1.

3. Leave granted.

4. The defendant Nos.2 to 5 are in appeal aggrieved against the order passed by the High Court affirming the order passed by the trial Court refusing to permit the appellant to produce additional documents in terms of Order VIII Rule 1 of the Code of Civil Procedure, 1908.

5. We find that the trial Court as well as the High Court have gravely erred in law in not permitting the defendants to produce documents, the relevance of which can be examined by the trial Court on the basis of the evidence to be led, but to deprive a party to the suit not to file documents even if there is some delay will lead to denial of justice.

6. It is well settled that rules of procedure are hand-maid of justice and, therefore, even if there is some delay, the trial Court should have imposed some costs rather than to decline the production of the documents itself.

7. Consequently, the appeal is allowed. The orders passed by the trial Court and the High Court are set aside. The appellants - defendant Nos.2 to 5 are permitted to file the documents and to prove the same in accordance with law.

8. Mr. Naz