Walker & Sons Co. Ltd vs Masood – sllr 2004 volume 3 page 195

In the case between WALKER & SONS CO. LTD (Plaintiff) and MASOOD (Defendant), the court addressed the issue of whether the listing of documents under Section 121(2) of the Civil Procedure Code is mandatory and whether failure to file such a list constitutes a valid ground for alleging surprise by the opposing party. It was held that when documents have already been referred to in the plaint and reply, a claim of surprise is not sustainable. The principle reaffirmed is that procedural codes are to be applied with practicality to promote the interests of justice rather than to obstruct proceedings on technical grounds. This decision emphasized the operative nature of the Civil Procedure Code, allowing for judicial discretion under Section 175(2) to permit the production of documents outside