Mohamed Ali vs People’s Bank – sllr 2004 volume 3 page 223

In Mohamed Ali (Appellant) v. People’s Bank (Respondent), the court addressed the discretion of a trial judge under Sections 121 and 175 of the Civil Procedure Code concerning the admissibility of documents. The central issue involved whether a document, insufficiently described in the witness or document list, could nevertheless be admitted for the ends of justice. The court upheld the District Court’s discretion to admit such a document, reasoning that the primary objective is to ensure a fair adjudication without prejudicing any party or introducing surprise. The principles underpinning Sections 121 and 175 were reaffirmed, highlighting that judicial discretion must be exercised judiciously to promote justice, not technicality. The application for leave to appeal was dismissed, and cost