Law: Civil Procedure Code (V of 1908)

Section: O.XLI,R.27,27(1)(a)(b)(c)

Law: Specific Relief Act, 1877

Section: 12

(a) Civil Procedure Code (V of 1908)--- ----O. XLI, R. 27---Specific Relief Act (I of 1877), S.12---Suit for specific performance of agreement to sell---Appeal---Production of additional evidence before Appellate Court---Requirements---Suit was decreed against which appeal was moved wherein an application for production of additional evidence was filed but same was dismissed---Validity---Appellant neither attempted to produce the document in question before the Trial Court nor said Court had refused to admit the same in evidence---Appellate Court was not of the view that evidence sought to be produced by the appellant was required to enable it to pronounce ---No application for summoning of record was filed by the appellant before the Trial Court although he was aware at that stage that document in question was not available in its record---Nothing was on record as to why application in this behalf was not moved before the Trial Court---Appellant who had an opportunity but elected not to avail it could not be allowed to fill up the omission/lacuna in his case before Appellate Court---No mis-reading or non-reading of evidence or any illegality or irregularity had been pointed out in the impugned s and decrees passed by the Courts below---Second appeal was dismissed, in circumstances. Mad Ajab and others v. Awal Badshah 1984 SCMR 440; Muhammad Siddique v. Abdul Khaliq and 28 others PLD 2000 SC (AJ&K) 20; Taj Din v. Jumma and 6 others PLD 1978 SC (AJ&K) 131; Nazir Hussain v. Muhammad Alam Khan and 3 others 2000 YLR 2629; Abdul Hameed and 14 others v. Abdul Qayyum and 16 others 1998 SCMR 671; Nazir Ahmed and 3 others v. Mushtaq Ahmed and another 1988 SCMR 1653 and Mst. Jewan Bibi and 2 others v. Inayat Masih 1996 SCMR 1430 rel. (b) Civil Procedure Code (V of 1908)--- ----O. XLI, R.27---Production of additional evidence before Appellate Court---Requirements. In view of the language used in Rule 27 O.XLI, C.P.C., it may be observed that the first appellate Court could take additional evidence only if after examining the evidence produced by the parties it comes to the conclusion that the same was inherently defective or insufficient, and unless additional…

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