Law: Civil Procedure Code (V of 1908)

Section: 27 , 5 , 115

Civil Procedure Code (V of 1908)--- ----O.XLI, R.27 & 5,115---Production of additional evidence at revisional stage ---Essentials---Revisional jurisdiction available under S.115, Civil Procedure Code, 1908, although had a limited scope yet Court was not divested of its discretion in allowing additional evidence, in a proper case for ends of justice-.--To invoke powers under O.XL1, R.27, Civil Procedure Code, 1908, was the requirement oaf the Court and not the right of a party---Such power could be invoked by the Court even suo motu, where controversy involved could not conclusively be resolved and right of the parties could not objectively be adjudicated upon---gone of contention between parties being deposit or non-deposit of specified amount by the specified date, reports of Nazir of Court and District Accounts Officers were at variance---Question whether amount in question, was deposited or not deposited on specified date had to be ascertained with exactitude as to when and where had the amount in question, been deposited, and to whom it had been paid subsequently and with what effect---Case was remanded for recording additional evidence and evidence in rebuttal with direction for final disposal of same at an early date. 1988 SCMR 1782 rel. Syed Kalim Ahmed Khurshid and Syed Imdad Hussain Shah for Petitioners. Muhammad Aslam Bajwa for Respondent. Date of hearing: 24th November, 1992. JUDGMENT Mst. Allah Wasai, predecessor-in-interest of Noor Muhammad etc. had pre-empted a sale of 100 Kanals of land, situate in village Haiderabad, Tehsil Mankera, District   Bhakkar (then part of District Mianwali), effected by the owner in favour of Khameesah, and the suit was decreed on 14-12-1973 by the learned Civil Judge, Bhakkar, holding Rs.2,500 as the consideration of sale. Khameesa defendant-vendee filed an appeal, and the learned District Judge, Mianwali, Mr. Zaheer Ahmad Khan Yousaf, on 31-5-1974, amended the lower Court's decree dated 14-12-1973, enhancing the amount of consideration from Rs.2,500 to Rs.3,500, in view of statement made on oath by the vendee, Khameesa. The plaintiff-pre-emptor was directed to deposit the additional amount of Rs.l000 by…