Law:

Section:

Azad Jammu and Kashmir Right of Prior Purchase Act (1993 (B.K.)---.--- ---.----S. 6---.---Civil Procedure Code (V of 1908), O.XLI, R.27---.---Decree in pre-emption suit---.---Sale of ancestral land by plaintiff to arrange decretal amount---.---Appeal against decree, pendency of---.---Production of additional evidence, application for---.---Defendant sought to place on record sale-deed in respect of ancestral land sold by plaintiff in order to show that he had no money to make payment of decretal amount, thus, he had filed suit only for personal hostility---.---Validity---.---No provision existed in law to bar plaintiff from selling his another land to deposit decretal amount---.---Said sale deed was not required by court for pronouncing or any other substantial cause---.---Such application did not fulfil requirements of O.XLI, R.27, C.P.C. which was dismissed in circumstances. THIS JUDGMENT DELIVERED BY: MUNIR AHMED CHAUDHARY, JUSTICE:---.---- This revision petition has been filed against the order passed by the learned District Judge Bhimber dated 14-2-2012, through which an application for additional evidence filed by the petitioners, Imtiaz Ali and others, was rejected. 2. Brief facts giving rise to the instant revision petition are that the respondent/plaintiff filed a suit for pre-emption regarding the disputed land measuring 18 kanals bearing survey Nos. 1679/398 and 399 situated at village Manana Tehsil Samahni against the present petitioners and pro forma respondents in the Court of Civil Judge Samahni. Written statement was submitted, issues were framed and the suit was decreed in favour of the respondent/plaintiff. Feeling aggrieved the present petitioners preferred an appeal before the learned District Judge Bhimber. During pendency of the appeal before the learned District Judge Bhimber, the petitioners submitted an application for additional evidence stating therein that the respondent/plaintiff sold his land measuring 11 kanals 18 marlas and 4 sarsai through 2 sale-deeds on 26-2-2011 only to manage payment of the decretal amount in the said pre-emption suit. It shows that the respondent/plaintiff had no money to make payment of the same and he…

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