Law:

Section:

(a) Civil Procedure Code (V of 1908)--- ----O. XLI, R. 27---Sindh Rented Premises Ordinance (XVII of 1979), S. 15---Eviction petition---Production of additional evidence before the Appellate Court---Conditions---Eviction petition was allowed against which appeal was filed wherein tenant moved application for production of additional evidence which was dismissed by the Appellate Court---Validity---Memo. of appeal was silent with regard to subsequent rent agreement---Pleadings of the parties were benchmark of their respective claims and subsequent rent agreement was to be mentioned in the memo. of appeal---Additional evidence could be adduced when the Court from whose decree/order appeal was preferred had refused to admit said evidence which ought to have been admitted and Appellate Court required any document to be produced enabling it to pronounce or for any other substantial cause---Appellate Court had rightly dismissed the application for production of additional evidence---Constitutional petition was dismissed in circumstances. Binyameen and 3 others v. Chaudhry Hakim and another 1996 SCMR 336; Major (Retd.) Barkat Ali and others v. Qaim Din and others 2006 SCMR 562 and Messrs Essa Engineering Company (Pvt.) Ltd. and another v. Pakistan Telecommunication Company (Pvt.) Ltd. 2014 SCMR 922 rel. (b) Pleadings--- ----Evidence produced must be in line of the pleadings. (c) Maxim--- ----"Secundum allegata et probata"---Connotation. THIS JUDGMENT DELIVERED BY: FAHIM AHMED SIDDIQUI, JUSTICE:---.--- Impugned in the instant petition is the order dated 16-09-2016, passed by the learned Additional District Judge-VII, Karachi South, whereby the application under section 151, C.P.C. was dismissed. Through the said application under inherent jurisdiction of the civil court, the petitioner was seeking order for producing some additional documentary evidence before first appellate forum. 2. Brief facts of the case are that the respondent/applicant filed a rent case against the petitioner/opponent in respect of two shops bearing shops No. 1-2, Mini Market, Plot No. CA-4, Phase II, Defence View, Karachi (the subject premises) on the ground of default which was subsequently…

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