Law: Civil Procedure Code (V of 1908)

Section: O.XLI,R.27

Civil Procedure Code (V of 1908)--- ----O. XLI, R. 27---Production of additional evidence in Appellate Court---Scope---Additional evidence was produced in the Appellate Court according to order passed in revision petition but Appellate Court refused to allow the opposite party to produce rebuttal of said evidence holding that same was not allowed in the revision petition---Validity---Procedure prescribed for recording of evidence was based on common sense---Plaintiff while examining his evidence in affirmative had no idea as to by which evidence defendant would rebut his evidence whereas defendant while leading his evidence knew what evidence had been led by the plaintiff and by which evidence he had to rebut the same---Defendant should be permitted to lead evidence with regard to whole case which right had also been given to the plaintiff by way of rebuttal---When additional evidence was led, opposite party was to be permitted to rebut same---Leading evidence in rebuttal was also a part of plaintiff's evidence---Impugned order passed by the Appellate Court was set aside and opportunity to lead rebuttal evidence was granted---Revision was allowed in circumstances. Harichand and others v. Mst. Bachan Kaur and others AIR 1971 Punjab and Haryana 355; The Land Acquisition Officer, City Improvement Trust Board, Bangalore v. H. Narayanaiah and others AIR 1976 SC 2403; Avtar Singh and another v. Baldev Singh and others 2015(1) CivCC 728 and (1) The Secretary to the Government of West Pakistan, Communication and Works Department and (2) The Advisor, Town Planning v. Gulzar Muhammad PLD 1969 SC 60 rel. THIS ORDER PASSED BY: IBAD-UR-REHMN LODHI, JUSTICE:---.--- By filing this civil revision petition, the petitioners have called in question the order dated 30.10.2013 passed by the learned Additional District Judge, Layyah refusing to provide an opportunity to the present petitioners/respondents in appeal to produce any evidence in rebuttal. 2. Precise relevant facts to the present controversy are that this Court in Civil Revision No.1267 of 2011 on 06.06.2012 permitted the present respondents to produce additional evidence during pendency of appeal in terms of Order XLI,…

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