Law:

Section:

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 before the Appellate Court---Scope---Justice at no cost and at no stage would be allowed to fall prey of technicalities which might be ignored if they would tend to create hurdles in the same---Discretion exercised by the Appellate Court was according to settled provisions of law which was neither perverse nor arbitrary---Revision was not maintainable which was dismissed in circumstances---Appellate Court was directed to decide the appeal after requisitioning the relevant record. Zar Wali Shah v. Yousaf Ali Shah and 9 others 1992 SCMR 1778; Mustafa Kamal and others v. Daud Khan and others 2009 SCMR 221; Muhammad Anwar and others v. Mst. Ilyas Begum and others PLD 2013 SC 255 and Syed Muhammad Hassan Shah and others v. Mst. Binat-e-Fatima and another PLD 2008 SC 564 ref. Syed Sharif ul Hassan through L.Rs. v. Hafiz Muhammad Amin and others 2012 SCMR 1258; Shahzada Muhammad Umar Beg v. Sultan Mahmood Khan and another PLD 1970 SC 139; Malik Khuda Bakhsh and another v. Syed Hamid Ali Shah 1981 SCMR 196 rel. ORDER MEHMOOD MAQBOOL BAJWA, J.---Suit for declaration and perpetual injunction was instituted by the petitioners against the respondents claiming proprietary and possessory rights in respect of property subject-matter of the suit in negation of Mutation No. 471 attested on 7-4-1994. Suit was contested by the respondent legally as well as on facts. 2. Divergent pleadings of the parties resulted in casting of ten issues. After recording pro and contra evidence, learned trial Court granted decree in favour of the petitioners. 3. Being aggrieved by the said judgment and decree, the respondents preferred an appeal before the learned District Judge at Khanewal, in which application under Order XLI Rule 27 read with section 151 of The Code of Civil Procedure (Act V of 1908) was made for production of witnesses as well as documents mentioned in Para-2 of the application which though was contested by the petitioners but was allowed by the learned District Judge Khanewal on 26-10-2002. Order allowing the application for…

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