Law: Specific Relief Act (I of 1877)

Section: 12

Law: Civil Procedure Code (V of 1908)

Section: 100,XLI,27

Specific Relief Act (I of 1877)-------S.12---Civil Procedure Code (V of 1908), S.100 & O.XLI, R.27---Second appeal---Additional evidence---Principle---Filling a lacuna---Suit for specific performance of agreement to sell was filed by appellant/plaintiff and the same was dismissed concurrently by Trial Court and Lower Appellant Court---Plea raised by appellant/plaintiff was that Lower Appellant Court dismissed his application to adduce additional evidence---Validity---Each of the documents referred to in the application were available with appellant/plaintiff at the time of adducing evidence before Trial Court---Failure on the part of appellant/plaintiff to adduce evidence of attesting witnesses to Sale Agreement or Supplementary Agreement could only be attributed to appellant/plaintiff's own negligence--Evidence if adduced would be filling a lacuna in the evidence of appellant/plaintiff that he failed to adduce in evidence during trial---Lower Appellate Court correctly refused to adduce such evidence---There was no infirmity or illegality in either of the judgments passed by Trial Court as well as Lowe Appellate Court---Second Appeal was dismissed, in circumstances.Muhammad Afzal (Ddecd) v. Muhammad Bashir 2020 SCMR 197 and Muhammad Siddique v. Gul Nawaz 2021 SCMR 1480 ref.Date of hearing: 11th May, 2023.JUDGMENTMOHAMMAD ABDUR RAHMAN, J.---This is a Second Appeal that has been maintained by the Appellant under Section 100 of the Code of Civil Procedure, 1908 as against the Judgment dated 7 March 2019 and Decree dated 11 March 2019 passed by the IIIrd Additional District Judge Karachi (East) in Civil Appeal No. 214 of 2017 upholding the Judgement and Decree dated 2 August 2017 that had been passed by the 1st Senior Civil Judge Karachi (East) dismissing Civil Suit No. 939 of 2012 that had been instituted by the Appellant for the Specific Performance for the purchase of Plot Nos. 152 and 153, Sector 24, Korangi Industrial Area, Karachi (hereinafter referred to as the "Said Property")2.    Civil Suit No. 939 of 2012 was instituted by the Appellant seeking Specific Performance on a Sale Agreement dated 15 September 2006 and a Supplementary…