Law: Civil Procedure Code (V of 1908)

Section: 27,100,153

  Civil Procedure Code (V of 1908), O. XLI, r. 27-Addi tional evidence wt appellate stage-Prayer that original register containing death entry already examined by Courts below be also made available at time of hearing of appeal-Prayer does not amount to seeking production of additional evidence.   Civil Procedure Code (V of 1908), S. 100-Custom, question of-Absence of pleadings or issues on point in Courts below-Question cannot be allowed to be raised for first time in second appeal nor any amendment for purpose can be permitted Civil Procedure Code (V of 1908), S. 153 and O. VI, r. 17.   Lakshmidhar Misra v.Rangalal P L D 1949 P C 198;.Varayana Laksar v. Saboora A I R 1943 P C 111 ; Savitri Devi v. Ram Ran Bijoy A.I R 1950 P C 1; Kanda v. Waghu P L D 1949 P C 270 and Na Shwo Mya v. Mating Mo Hnaung A I R 1922 P C 249 ref   Dates of hearing: 3rd and 6th May 1965.  JUDGMENT   The genealogical tree of the parties is reproduced for proper appreciation of the facts giving rise to this appeal: --   Mst. Nek Bakht =Shah Wali=Mst. Kamman | | Mst. Khatoon | (plaintiff). | ____________|___________________ | | Mst. Gauhar Bano=Nur Muhammad Fateh Muhammad (defendant No. 3) | | _________________ | | | ___________________| | __________________|_____________ | | | | Muhammad Khan Shed Zaman | (defendant No. 1). (defendant No. 2) | | | |_______________________ ________________________________|___________________________ | | | | | Mst. Sardar Mst. Padshan Fateh Mehr Sultan Bano (defendant Khan Khan Khan (defendant No. 4) (defendant (defendant (defendant No. 5) No. 3) No. 7) No. 6)     Shah Wali died sometimes in 1939 and the agricultural land left by him was mutated partly in favour of his son Nur Muhammad and grandsons Sher Zaman and Muhammad Khan (the sons of his pre-deceased son Fateh Muhammad) in equal shares and partly in the name of Mst. Nek Bakht, his surviving widow. This Mst. Nek Bakht is alleged to have died on the 31st of August 1948 when two mutations of inheritance (Nos. 266 and 269) with regard to the land situated in villages Karyala and Nohara Lasso, respectively, were attested on the 14th of September 1952 in favour…