Law:

Section:

Civil Procedure Code (V of 1908)--- ----O.XLI R. 27---Suit for declaration---Additional evidence, recording of---Appeal of plaintiffs against dismissal of suit by Trial Court was pending before Appellate Court, when plaintiffs moved an application for recording of additional evidence under O.XLI R. 27, C.P.C. which was allowed---Contention of defendants was that said document was originally available on record before the Trial Court which gave its findings on the same and did not accept the document--- Validity--- Contents of plaintiff's application for recording additional evidence showed that the plaintiffs wanted to file a certified copy of an application moved by them before Chief Settlement Commissioner/Member Board of Revenue and admittedly said document was not in existence at the time of the recording of evidence of the parties before the Trial Court---Certified copy of said document was to the effect that the plaintiff's claim Form placed on record before Trial Court was not believed on the specific ground that the same was in a dilapidated condition and the plaintiffs had already filed an application for issuance of certified copy of said document that was allowed by Chief Settlement Commissioner/Member Board of Revenue, the only authority that could confirm genuineness of the document, after dismissal of suit by Trial Court----Said document was admittedly a document that could be looked into by the Appellate Court, specially in terms of findings of the Trial Court as the Trial Court had opined that the same was in dilapidated condition---Document in question had been verified by the competent authority after the passing of decree by trial Court and as such was not available to the plaintiffs at the time of recording of evidence before the Trial Court----Appeal was in continuation of the suit and Appellate Court enjoyed all powers of the Trial Court, defendants having failed to point out any defect illegality or irregularity in order of Appellate Court, revision was dismissed. ORDER MUHAMMAD KHALID MEHMOOD KHAN, J.---The respondent filed a suit for declaration to the effect that she is real daughter of deceased Muhammad Ali and as such is entitled of…

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