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 in Appellate Court---Scope---Suit was dismissed against which appeal along with application for production of additional evidence was filed---Said application was dismissed by the Appellate Court---Validity---Pedigree table which was sought to be produced in evidence was not included in the list of reliance and same was produced during the course of appeal---Said document was prepared on 2-8-2001---Delay of more than nine years could not rule out the fabrication of such document---Provisions of O.XLI, R.27, C.P.C. was negative in language with regard to production of additional evidence in the Appellate Court---Plaintiffs had not applied to the Trial Court for production of said pedigree table---Appellate Court had rightly dismissed the application for production of additional evidence---Revision was dismissed in limine. THIS ORDER PASSED BY: M. SOHAIL IQBAL BHATTI, JUSTICE:---.--- Through this C.R. the petitioners have challenged the judgment and decree dated 2-7-2010 passed by the learned Civil Judge Ist Class, Rawalpindi through which the suit for declaration, permanent and mandatory injunction was dismissed as well as the judgment and decree dated 15-5-2012 passed by the learned Addl. District Judge, Rawalpindi whereby the appeal filed by the petitioners was also dismissed. 2. Brief facts giving rise to the filing of the present writ petition are that the petitioners filed a suit for declaration, permanent and mandatory injunction against the defendants on the ground that one Ghulam Nabi was owner of land measuring 600 kanals in revenue estate Chokar Tehsil and District Rawalpindi. The said Ghulam Nabi died issueless in the year 1932 leaving one widow Mst. Rasoolan Bibi as only legal heir. Under the inheritance law Mst. Rasoolan Bibi was entitled to inherit 1/4th share and the remaining property was to be reverted back to his ancestors-brothers and sisters and upwards. Mst. Rasoolan Bibi in league with defendant No. 3 got Mutation No. 48 sanctioned in respect of the whole estate of Ghulam Nabi including…

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