Law:

Section:

(a) Khyber Pakhtunkhwa Pre-emption Act (X of 1987)--- ----S. 13---Talb-e-Ishhad, notice of---Denial of receipt of such notice by defendant---Effect---Pre-emptor would be obliged to prove service of such notice by examining Postman concerned. Muhammad Bashir and others v. Abbas Ali Shah 2007 SCMR 1105 and Bashir Ahmad v. Ghulam Rasool 2011 SCMR 762 rel. (b) Khyber Pakhtunkhwa Pre-emption Act (X of 1987)--- ----S. 13---Civil Procedure Code (V of 1908), O.XLI, R.27---Talb-e-Ishhad, notice of---Denial of receipt of such notice by defendant---Postman concerned not produced by plaintiff to prove service of such notice---Dismissal of suit by Trial Court---Plaintiff's application under O.XLI, R.27, C.P.C. for production of Postman as additional evidence---Dismissal of appeal by Appellate Court without deciding such application---Validity---Record showed that parties had availed ample opportunities for producing their evidence---Plaintiff was bound to have produced all his evidence before Trial Court in support of his case---Allowing additional evidence at such belated stage would amount to filling of lacuna not permitted by law---High Court dismissed revision petition in circumstances. 2002 SCMR 1114 and 2007 SCMR 368 ref. Muhammad Yousaf v. Mst. Maqsooda Anjum 2004 SCMR 1049 and Zaraitullah Khan v. Fazal Ahmad and 29 others PLD 2004 SC (AJ&K) 35 rel. (c) Civil Procedure Code (V of 1908)--- ----O. XLI, R. 27---Appeal---Additional evidence, production of---Scope---Such evidence could be allowed to fill-up weaker part of case or omissions, but not to fill lacuna in case. 2002 SCMR 1114 and 2007 SCMR 368 ref. Muhammad Yousaf v. Mst. Maqsooda Anjum 2004 SCMR 1049 and Zaraitullah Khan v. Fazal Ahmad and 29 others PLD 2004 SC (AJ&K) 35 rel. JUDGMENT ROOH-UL-AMIN KHAN, J.---Ghulam Hussain, petitioner/plaintiff, through the instant revision petition, has called in question the concurrent judgments and decrees dated 21-4-2011 and 24-4-2012 passed by the learned two courts below, whereby his suit for pre-emption against the respondents/defendants was dismissed. 2. Briefly stated facts of the case are that the plaintiff had sued the respondents/ defendants in respect of…

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