2003 PLP 1216 (CLC)

S. 1

Suit for recovery of damages on account of professional negligence and medical malpractice committed by defendant-- Application by plaintiff praying for giving direction to Nazir of Court to attach and take into custody documents mentioned therein lying in possession of defendant and keep them in safe custody for being produced in Court at time of evidence or as and when required

Plaintiff in his affidavit also stated that his case was mainly based on such documents, which were necessary for its effectual decision, thus,, he apprehended tampering or misplacement of such documents at the hands of defendant in order to defeat plaintiff's case

High Court allowed application and directed Nazir of the Court to attach and take into custody such documents and to seal them and keep them in safe custody till further orders. Civil Suit Nos. 1329 of 2001 and 495 of 2003; Hajra Begum v. Agha Khan University Hospital PLD 1995 Kar. 603 and Raghunath G. Raheja v. Maharashtra Medical Counsel and others AIR 1996 Bom. 198 ref. Nasir Maqsood for Plaintiffs. This is a suit for recovery of damages on account of professional negligence and malpractice committed by the defendant. Through this application, learned counsel for the plaintiff has prayed for a direction to the Nazir of this Court to attach and take in his custody the documents as mentioned in the application at Serial No.(i) to (xi) which are presently lying in the custody of defendant No.1, and to keep all such document0record in safe custody for being produced in Court at the time of evidence or as and when required. In support of this application plaintiff Muhammad Afsar Khan has filed his affidavit stating therein that the said material/documents are necessary for complete and effectual adjudication of the matter m controversy and the case of the plaintiff mainly rests upon the said documents. The plaintiff has expressed his apprehensions that if the documents will remain in custody of defendant No.1, there is every likelihood of some tampering or misplacement in order to defeat the claim of the plaintiff. In support of his contention that such prayer can be granted even at the initial stages without notice to the other side learned counsel has referred two unreported orders passed in Civil Suit Nos.1329 of 2001 and 495 of 2003 by two different benches. In the order passed in Suit No.1329 of 2001 reliance has been placed on the cases of Hajra Begum v. Agha Khan University Hospital PLD 1995 Karachi 603 and Raghunath G. Raheja v. Maharashtra Medical Counsel and others AIR 1996 Bombay

198. In view of the above stated legal and factual position, I feel inclined to grant this application. Resultantly, Nazir of this Court is directed to attach and take in his custody the said record presently in possession of defendant No. 1 and to seal the same and keep it in safe custody till further orders from this Court. In case of any resistance, from the defendants or anyone on their behalf the Nazir may seek assistance of the concerned Police Station. Nazir's fee of Rs.3,000 shall be deposited by the plaintiff which shall be disbursed subject to administrative approval of the Honourable Chief Justice. S.A.K./M-487/K Application allowed.