Law: Civil Procedure Code (V of 1908)

Section:

  Civil Procedure Code (V of 1908)--- ---O.XL1,           R.27---Production           of           additional evidence---Defendants, against whom case was decided ex parte instead of making application before Trial Court for setting aside ex parte judgment and decree passed against them, directly filed appeal alleging that defendants/appellants were not duly served in suit or even otherwise they had no knowledge of pendency of suit against them---Plaintiff contesting appeal, in order to meet allegations of defendants/appellants, made application before Appellate Court for production of additional evidence to establish that defendants had full knowledge of pendency of suit against them-- Appellate Court without applying judicial mind to facts of case, dismissed application for production of additional evidence on grounds that it was not shown as to on which issue petitioner wanted to produce additional evidence and that no such application was moved before Trial Court although suit remained pending before Trial Court for considerable period---No occasion present to make such application before Trial Court as plea that defendants were not served or that they had no knowledge of pendency of suit against them was first time raised before Appellate Court---Grounds on which application for production of additional evidence was rejected, being no grounds on which application could be disposed of such rejection, held, was based on erroneous view of matter and was not sustainable in law. Ch. Arshad Mahmood for Petitioner.   Tallat Farooq and Ch. Mushtaq Hussain for Respondents Nos.l, 2 and 5. Remaining Respondents: Ex parte . Date, of hearing: 3rd July, 1989. JUDGMENT This revision petition is directed against order dated 12-7-1987 passed by learned District Judge, Kasur whereby application moved by the petitioner under Order 41 Rule 27 C.P.C. for permission to produce additional evidence in appeal filed by the respondents against ex parte judgment and decree passed by the learned trial Court against them in the…