Law: Civil Procedure Code (V of 1908)

Section: 115 , 27

  Civil Procedure Code (V of 1908)--- ----O.XLI, R.27---Additional evidence---Production of---Essentials---First Appellate Court could take additional evidence only if evidence already on record after examining was found to be inherently defective or insufficient and unless additional evidence was allowed, Court could not pronounce judgment---First Appellate Court, however, did not feel inclined to record additional evidence for resolving of controversial issues between the parties-- High Court thus, could not direct First Appellate Court to record any evidence on behalf of any of the parties for filling up the lacunae in the case-- Document in question, as per stand of the petitioner, was executed between him. and respondent and same was with him but he made no attempt to produce the same before Trial Court---Additional evidence could not be recorded to supplement the evidence of parties or to make up the weaknesses of one's case---Negligent party has to suffer for its omissions and negligence. Saifee v. Lal Din PLD 1986 Azad J & K 148 and…