Law: Civil Procedure Code (V of 1908)

Section: 27,14

Civil Procedure Code (V of 1908)--- ----O.XLI, R. 27 & O. VII, R. 14---Production of additional evidence before Appellate Court---Requirements---Expression "substantial cause"---Scope---Suit was dismissed against which appeal was filed wherein application for production of additional evidence was moved, which was dismissed---Suit was dismissed concurrently---Validity---Plaintiff neither attempted to produce the document in question before the Trial Court nor said Court had refused to admit the same in the evidence---Appellate Court was not of the view that evidence sought to be produced was required to enable to pronounce ---Question of 'substantial cause' would depend upon facts and circumstances of each case---Plaintiff had neither mentioned any specific provision of law nor any reason for non-production of document in question before Trial Court---Plaintiff had not annexed copy of said document with his plaint---Plaintiff having ample opportunity to produce proposed document had failed to produce the same before Trial Court---Appellate Court could take additional evidence only if evidence produced by the parties was defective or insufficient and said evidence was necessary for adjudication of the matter---Appellate Court could allow additional evidence either on an application by any of the parties or even suo motu---Plaintiff had not moved any application for summoning of record from the office of Sub-Registrar---No one could be allowed to fill up omission or lacuna in the case before the Appellate Court---No illegality or irregularity had been pointed out in the impugned s and decrees passed by the Courts below---Revision 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 YLR 2000 SC (AJ&K) 2629; Abdul Hameeq 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; Mst. Jewan Bibi and 2 others v. Inayat Masih 1996 SCMR 1430 and Rana Abdul Aleem Khan v. Idara National…

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