Law: Civil Procedure Code (V of 1908)

Section: 27

Law: Specific Relief Act, 1877

Section: 42,54

Civil Procedure Code (V of 1908)--- ----O.XLI, R.27---Specific Relief Act (I of 1877), Ss. 42 54---Suit for declaration and injunction---Additional evidence, non-recording of---Concurrent findings of facts by two Courts below---Petitioner / plaintiff was aggrieved of s and decrees passed by Trial Court and Lower Appellate Court, dismissing her suit and appeal respectively---Plea raised by petitioner / plaintiff was that Trial Court did not decide her application to produce evidence and Lower Appellate Court did not allow recording of that evidence---Validity---Object of allowing parties to lead evidence at appellate stage was to enable the Court to decide controversies finally and necessities for such evidence should be felt by the Court---Parties to appeal had no right to lead additional evidence if no such request was made before Trial Court---Lower Appellate Court considered almost all contentions of petitioner / plaintiff in its ---Simply on such ground that application remained undecided and matter could not be remanded when petitioner could not prove a case through rest of the evidence as produced by her before Trial Court---Held, High Court could not interfere in findings of fact on the ground that on reappraisal of evidence it was possible to reach a different conclusion, unless it was shown that such finding by Lower Appellate Court suffered from misreading or nonreading of evidence, which had affected findings on merits---High Court declined to interfere in concurrent findings of facts by two Courts below, as petitioner / plaintiff could not point out any illegality, perversity or jurisdiction defect in s and decrees passed by two Courts below---Revision was dismissed in circumstances. Sikandar Hayat and another v. Sughran Bibi and 06 others 2020 SCMR 214; Muhammad Faisal Sultan and another v. Muhammad Ajmal through his Legal Heirs 2018 CLC 1782; Mst. Imtiaz Begum v. Mst. Sultan Jan and others 2008 SCMR 1259; Muhammad Zamin Mian and 04 others v. Shamshad and 16 others 2014 MLD 1384 and Abdul Jabbar Shahid and others v. National Bank of Pakistan and others PLD 2019 Lah. 76 ref. Abdul Wali Khan through Legal Heirs and others v. Muhammad Saleh 1998 SCMR…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492