Law:

Section:

Civil Procedure Code (V of 1908) --------- ---------- O. XLI, R. 27 --------- Transfer of Property Act (IV of 1882), S. 41 --------- Specific Relief Act (I of 1877), S. 42 --------- Suit for declaration --------- Production of additional evidence in appellate court --------- Scope --------- Sale mutation --------- Requirements --------- Contention of plaintiff was that she neither appeared before the Revenue officer nor received the consideration of alleged sale amount --------- Defendants claimed that they had purchased the suit property from the plaintiff --------- Trial Court dismissed the suit on the ground that defendants had not produced the attesting witness of impugned mutation --------- Defendant moved application before the Appellate Court for production of additional evidence of Revenue Officer who attested the impugned mutation but same was dismissed --------- Validity --------- Appellate Court had power to allow production of additional evidence whether oral or documentary, if same was refused by the Trial Court, which ought to have been admitted --------- Defendants were bound to produce evidence proving the presence of plaintiff and her signatures on the sale mutation --------- Testimony of Revenue Officer was essential for proper adjudication of the present case --------- Defendants had only sought relief of allowing them to call the Revenue Officer as a witness --------- Impugned order passed by the Appellate Court was set aside and application for production of additional evidence was allowed --------- Revision was accepted accordingly. 2009 SCMR 221 and PLD 2008 SC 564 distinguished. THIS JUDGMENT DELIVERED BY: QALANDAR ALI KHAN, JUSTICE:---------- This revision petition by Nadeem Khan and Muhammad Ali Khan, petitioners, is directed against the order dated 06.12.2014 of the learned Additional District Judge-VI, Abbottabad, whereby, the learned Appellate Court dismissed application of the petitioners under Order XLI, Rule 27, C.P.C. for permission to produce additional evidence and summon Sardar Manzoor Ahmad, Revenue Officer, as a witness. 2. The facts essential for adjudication of the instant revision petition, briefly stated, are that…

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