Law:

Section:

(a) Civil Procedure Code (V of 1908)-------O.VI, R.17---Specific Relief Act (I of 1877), S. 42---Suit for declaration---Improvement in pleadings---Scope---Defendant failed to mention the document which made him owner of the suit land; he built his case on the basis of unregistered deed but in cross-examination revealed that he had purchased suit land from another person who had purchased the property from plaintiff---Improvement in case originally set up in pleadings was not permissible---Maxim "Secundum allegata et probata", which meant that a fact had to be alleged by a party before it is allowed to be proved, was applicable to the facts of the case---Plea of transfer of property in his favour was not taken by the defendant either in plaint or in present revision, same could not be taken during arguments in revision---Neither scribe, executant or marginal witnesses nor second deed was produced and proved---Defendant was bound to prove the agreement to sell---Having not produced the best available evidence, inference would be drawn against the defendant---High Court, in revision, could not interfere in the finding of fact and law by court of competent jurisdiction unless such findings suffered from jurisdictional defects, illegality or material irregularity---Revision was dismissed in circumstances. Messrs Choudhary Brothers Ltd, Sialkot v. The Jaranwala Central Cooperative Bank Ltd and others 1968 SCMR 804; Pakistan v. Abdul Ghani PLD 1964 SC 68; Qabil Shah and others v. Shaday PLD 1992 Pesh. 144; Muslim Commercial Bank Ltd., v. Syed Ahmad Saeed Kirmani 1991 CLC 140; Abdul Hakim v. Habib Ullah 1997 SCMR 1139; Iltaf Hussain v. Abdul Hameed through L.Rs. and another 2000 SCMR 314; Muhammad Rashid Ahmad v. Muhammad Siddique PLD 2002 SC 293; Shafi Muhammad and others v. Khanzad Gul and others 2000 SCMR 368; Malik Muhammad Ishaq's case PLD 1977 SC 109; Noor Khan's case PLD 1973 SC 469 and Shah Nawaz's case PLD 1976 SC 767 rel. (b) Maxim--- ----Secundum allegata et probata meant that "a fact had to be alleged by a party before it was allowed to be proved". [p. ] C (c) Civil Procedure Code (V of 1908)--- ----O. VI, R.17---Pleadings---Improvement in case originally…

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