Law: Civil Procedure Code (V of 1908)

Section: 27

Law: Constitution of Pakistan, 1973

Section: 10A

(a) Civil Procedure Code (V of 1908)--- ----O. XLI, R. 27---Constitution of Pakistan, Art. 10A--- Appellate jurisdiction---Suit pending before District Court--- Revenue records--- Official witness, production of--- Additional evidence, application for--- Refusal, grounds of---Held, that the spirit of O. XLI, R. 27, C.P.C. was to provide an opportunity of fair trial to the parties---Application for additional evidence could only be refused if it had been filed to introduce some new witnesses and to fill in the lacunas, but if list of witnesses was submitted within time in the Court and the diet money was also deposited in the Court, then presumption could not be drawn against the applicant irrespective of the fact that at what stage they filed the application for additional evidence---Suit was solely regarding the revenue record, therefore, the revenue officers/ officials were necessary witnesses to enable the Court to reach at a right conclusion---High Court allowed revision petition and directed the appellate court to summon the witness, record evidence and proceed with the appeal in accordance with law. Muhammad Dawood v. Superintending Engineer, Operation Circles, WAPDA, Quetta and 2 others 1990 SCMR 1252; Mst. Bashir Bibi v. Aminuddin and 9 others 1972 SCMR 534; Hakim Habibul Haq v. Aziz Gul and others 2013 SCMR 200; Abdul Ghani and another v. Mst. Nur Jahan and others 1989 MLD 3055; Muhammad Younas v. Pirzada MA. Qureshi and others 1993 MLD 336; Muhammad Nazar Qureshi Hashmi v. Shaukat Ali and 3 others PLD 1994 Lah. 374; M.S. Rawalpindi General Hospital v. Raja Muhammad Fareedon and 3 others 2005 MLD 1057; Saleem-ud-Din and others v. Government of the Punjab through Secretary Education and others 2009 MLD 635; Haji Muhammad Riaz-ul-Hassan and 9 others v. WAPDA through Chairman, WAPDA, Lahore and 4 others 2011 CLC 1916; Shahida Parveen and others v. Rizwana Shaheen and others 2012 CLC 548 and Asifa Ayaz Toosy v. Additional District Judge and others 2019 CLC 362 rel. (b) Civil Procedure Code (V of 1908)--- ----S. 105 O. XLI, R. 27---Appeal from orders---Continuation of suit in appeal-Accepting application under O. XLI, R. 27, C.P.C., during appeal would not…

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