Law: Civil Procedure Code (V of 1908)

Section: 27

Civil Procedure Code (V of 1908)--- ----O. XLI, R. 27---Production of additional evidence in Appellate Court---Irrelevant document---Scope had filed an application under O. XLI, R. 27, C.P.C. for the production of shari fitawa as additional evidence but copy of the same was already part of the record and the same was not exhibited during the trial of the case---Said document was not exhibited being a photocopy and not admissible as piece of evidence had failed to produce the document in the Trial Court in an admissible manner despite the fact that same was in his possession---Appellate Court had rightly observed that the document was not a piece of evidence rather it was a legal proposition that on the death of a person his inheritance devolved on his brother in absence of parents and descendants, which was not disputed in the case---Document under consideration was not relevant documentary piece of evidence---Findings recorded by Appellate Court were not open to exceptions and that too in absence of illegality or irregularity therein---Revision petition was dismissed. JUDGMENT RAJA SHAKEEL AHMAD, J. being aggrieved by impugned order dated 19.11.2019, passed by learned District Judge District Ghanche in Civil Appeal No. 8 of 2019 have preferred the instant Civil Revision wherein the learned District Judge Ghanche has dismissed the petition under Order XLI, Rule 27, C.P.C. read with section 151, C.P.C. The petitioners prayed as under: - ‘It is, therefore, humbly prayed that by accepting this Revision Petition, the impugned order dated 09-11-2019 passed by learned District Judge Ghanche may very kindly be set aside and may kindly allow the petition under XLI, Rule 27 read with section 151 filed by the petitioner/appellant and directed the learned trial court to proceed with the suit on merit. 2. Brief facts leading to this controversy is that the present petitioner/plaintiff filed a suit for declaration before the court of learned Senior Civil Judge Khapulu to the effect that he is the sole legal and shaire heir of his late brother Mouhammad Yusuf son of Abdul Qadir and defendants/respondents are in possession of land of suit land without any legal justification…

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