Law:

Section:

Civil Procedure Code (V of 1908)--- ----O. XVI, R. 1---Constitution of Pakistan, Art. 199---Constitutional petition---Production of additional evidence---Scope---Witnesses who were required to be produced were material witnesses with regard to the document under challenge---Deposition of said witnesses were essential for a just and proper decision in resolving real controversy between the parties---No illegality or infirmity had been pointed out in the impugned orders passed by the courts below---Constitutional petition was dismissed in circumstances. Messrs Bata Shoe Company and 2 others v. Muhammad Arshad Siddiqui and another 1991 SCMR 1775; Rahim Bakhsh and another v. Civil Judge Lodhran and 3 others 1985 CLC 387; and Sher Baz Khan and others v. Mst. Malkani Sahibzadi Tiwana and others PLD 2003 SC 849 and Mst. Balqees Akhtar v. Additional District Judge and others 2013 MLD 1686 ref. Messrs Bata Shoe Company and 2 others v. Muhammad Arshad Siddiqui and another 1991 SCMR 1775; Rahim Bakhsh and another v. Civil Judge Lodhran and 3 others 1985 CLC 387 and Sher Baz Khan and others v. Mst. Malkani Sahibzadi Tiwana and others PLD 2003 SC 849 distinguished. THIS JUDGMENT DELIVERED BY: SHOAIB SAEED, J.--- Through this writ petition impugned orders dated 5-4-2011 and 24-2-2011 passed by respondents Nos.4 and 3 respectively are being assailed. 2. Brief facts of the case are that respondents Nos.1 and 2 are real sister and brother of the petitioner. Ghulam Rasool (father of the petitioner) executed Mutation No.419 dated 28-1-2006 in favour of Mst. Ameeran Mai-respondent No.1 regarding land measuring 24 kanals situated in mauza Garhay Wahin, Tehsil and District Multan. On gaining knowledge with regard to the said mutation petitioner filed a suit titled Imam Bakhsh v. Ameeran Mai, etc. on 16-5-2007. Written statement was filed by the respondents. Issues were framed, on which both parties led their oral as well as documentary evidence. The case was fixed for arguments on 27-5-2010, which was adjourned for a few dates and finally the arguments were heard on 29-9-2010 and the case stood fixed for 12-10-2010 for orders. Thereafter an application for additional evidence was…

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