Law:

Section:

(a) Civil Procedure Code (V of 1908)-------O. XLI, R.27---Additional evidence---Application for production o1 additional evidence at appellate stage could not be dismissed independently without the decision of the appeal. (b) Civil Procedure Code (V of 1908)--- ----O. XLI, R.27---Application for production of additional evidence in Appellate Court---Appellate Court had not yet heard the arguments on appeal nor had perused the record nor appreciated the evidence---Court, held, was not able to make a decision regarding requirement of the document which the applicant intended to produce as additional evidence. (c) Civil Procedure Code (V of 1908)--- ----O. XLI, R.27---Application for production of additional evidence at appellate stage---Documents which the applicant wanted to produce in additional evidence had been mentioned in the plaint and had nexus with the ultimate purpose for the just decision---Evidence which was sought to be adduced had direct bearing on the point in issue and the Appellate Court could require the documents to enable it to pronounce and thus, there was a substantial cause---Dismissal of application for production of additional evidence by the Appellate Court in circumstances was a material illegality as the Court had not exercised its vested jurisdiction---High Court set aside the said order of Appellate Court and allowed the production of additional evidence mentioned in the application with direction that the respondent shall have the right to produce the evidence in rebuttal. Mst. Fazal Jan v. Roshan Din and 2 others PLD 1992 SC 811; R&W Younus and 2 others v. Abdul Ghaffu and others 1998 MLD 1622; Hassan and another v. Hussain 1996 CLC 650 and Zar Wali Shah v. Yousaf Ali Shah and others 1992 SCMR 1778 ref. JUDGMENT This petition is directed against the order, dated 25-10-1999 passed by the Additional District Judge, Lahore, whereby the application of the petitioner for additional evidence under Order XLI, Rule 27 read with section 151, C.P.C. was dismissed. 2. The brief facts giving rise to the filing of the instant petition are that the petitioner filed a suit for specific performance of the contract against the respondent in…

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