Law: Civil Procedure Code (1908)

Section: O. XLI, rr. 25, 27

Civil Procedure Code (V of 1908), O. XLI, rr. 25 & 27 Additional evidence-Court has jurisdiction to take additional evidence to remove some inherent lacuna or defect hindering admi nistration of justice-Discretion, however, must be exercised with care so that indifferent litigant is not afforded opportunity to fill up lacunas. Secretary to the Government of West Pakistan v. Gulzar Muhammad P L D 1969 S C 60; Messrs Muhammad Siddiq Muhammad Umar v. Australasia Bank Ltd. P L D 1966 S C 684 and Parshotim Thakur and others v. Lal Mohar Thakur and other A I R 1931 P C 143 ref. Date of hearing: 22nd November 1972.                                                                                                                                                  JUDGMENT This Second Appeal arises in the following circumstances :-- The respondents filed a suit against the appellants for the pre-emption of certain land, claiming superior right, on the ground that their land was contiguous to the suit land and they were participators in the immunities of the right of passage and the right for the discharge of water from their land to suit land. The appellants joined issue with the respondents and the pleadings of the parties gave rise to as many as seven issues. Before the trial Court, however, the learned counsel for the respondents conceded that he could not succeed on the ground of superior right of contiguity and consequently confined his arguments to the other two rights. The learned trial Judge, however, came to the conclusion that the appellants had failed to bring forth any satisfactory evidence in regard to these two rights and consequently dismissed their suit. 2. The judgment of the trial Court was challenged by the appellants in appeal before the Additional District Judge, Mardan, and his judgment…