Case Details

Citation(s)
2015 SLG 1141 2015 SLD 1141 2015 PLJ 532
Lahore High Court
C.R. No. 104 of 2015, decision & hearing Dated: 22.01.2015.
MAHMOOD AHMAD BHATTI, JUSTICE
Mr. Abdul Wahid Chaudhry, Advocate for Petitioner.

MUHAMMAD ESA

VS

HAMEEDULLAH, ETC.

Law:

Section:

Civil Procedure Code, 1908 (V of 1908)-- ----S. 151 & O. XLI, R. 27--Production of additional evidence--List of witness within seven days of settlement of issues--Question of--Whether provisions of Order XLI, Rule 27, CPC are in terms applicable to revision petition--Validity--Principles underlying Order XLI, Rule 27, CPC might be invoked by revisional Court with a view to meeting ends of justice--If application for production of additional evidence is allowed, it would result in upsetting and overturning s and desires, compelling plaintiffs to start all over again--Neither desirable nor permissible--Since no misreading and non-reading of evidence on part of Courts below had been shown nor any material irregularity had been committed by them in arriving at conclusion which could fourly be drawn from evidence produced by parties--Petition was dismissed. PLD 1983 SC 53, 2006 SCMR 1304, 2007 SCMR 368 & 2014 SCMR 1469, ref. THIS ORDER PASSED BY: MAHMOOD AHMAD BHATTI, JUSTICE---.--- This revision petition is directed against the judgments and decrees dated 3.5.2012 and 10.12.2014 passed by the learned Civil Judge, Pakpattan Sharif and an Additional District Judge, Pakpattan Sharif, respectively, whereby suit of the respondents was decreed and an appeal preferred thereagainst by the petitioner was dismissed. 2. Shortly stated, the respondents/plaintiffs instituted a suit for declaration along with perpetual injunction, contending therein that they had purchased the land measuring 10 Marlas (the description and details whereof have been set out in Paragraph No. 1 of the plaint), situated in village Hota, District Pakpattan Sharif, from the petitioner/defendant through sale Mutation No. 913 dated 22.3.1995. In its wake, they constructed a shop and covered a portion of the above-described land, while the rest of the land was lying in the shape of a Chappar. It was claimed that the plaintiffs were put in possession by the defendant himself, following a demarcation made by the revenue authorities. It is further alleged in the plaint that while attesting Mutation No. 913 dated 22.3.1995, the land purchased by the plaintiffs was shown to be 12 Marlas instead of…
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