Law:

Section:

(a) Civil Procedure Code (V of 1908)---O. XLI, R. 27---Specific Relief Act (I of 1877), S. 42---Suit for declaration---Production of additional evidence in Appellate Court---Requirements---Suit was dismissed against which appeal alongwith application for additional evidence were filed---Said application was dismissed by the Appellate Court---Validity---One of the documents sought to be produced had already been tendered in evidence whereas other document was neither relied upon nor said document contained any reference in the plaint---Plaintiff had failed to show as to how such document was necessary for just decision of the case---Document in question had been produced for the first time before the Appellate Court---Reason mentioned in the application for production of evidence was of no avail---Document sought to be produced seemed to have been obtained from the Revenue Record and such Revenue Record was always available---Said document appeared to be tampered which required another enquiry which was neither warranted nor advisable---If proper explanation was not offered for not tendering the document in evidence before the Trial Court then Appellate Court would be reluctant to entertain the request for production of evidence---Material already available on record had not been held/treated insufficient by the Appellate Court to warrant a decision of the case on merits---Document sought to be produced was not required by the Appellate Court to enable it to pronounce ---Evidence must be required by the court itself and such power was exercisable in the interest of justice and not for the purpose of patching up of weak case or to allow to fill in the gaps---Provisions of O. XLI, R. 27, C.P.C. were not attracted to the present case---Any interference by the High Court would amount to pre-empt the powers of the Appellate Court which was neither aim of law nor the requirement of justice---Appellate Court had rightly passed the impugned order---Said order was neither open to any exception nor it suffered from any illegality, irregularity, perversity, impropriety and invalidity---Revision was dismissed in circumstances. Muhammad Ramzan and others v. Niaz Ali and…

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