Law: Civil Procedure Code (V of 1908)

Section: O.XLI,r.27

(a) Civil Procedure Code (V of 1908)--- ---O. XLI, r. 27 ­Additional evidence should not be allowed where party had ample opportunity to produce evidence in trial Court. If an appellant, who had ample opportunity of giving evidence in the trial Court, elects not to do so, but rests his case on the evidence as it stood, he ought not to be allowed to give evidence which he could have given in the trial Court. Kessowji Issur v. G. I. P. Railway 34 1 A 115 at 122, Radha Kishun v. Khurshed Hossein 47 I A 11, Akbar Khan v. Mst. Motal and others A I R 1948 P C 36, Allah Ditta v. A. F. Ahmad & Co. P L D 1952 Lah. 582 and Shadi Ram v. Mst. Atri A I R 1936 Lah. 933 ref. (b) Custom (Punjab)-Alienation-Ancestral property-­Kahuts of Chakwal Tehsil, Jhelum District-Full power of alienation in favour of collaterals-Mairs, Kasars and Kahuts­Composite group of same tribe. Under a special custom, as stated in the note appended to Answer to Question No. 109 of the General Code of Tribal Custom in the Jhelum District compiled by P. N. Thapar (1928), a Kahut of Chakwal Tehsil of Jhelum District has full power to alienate his property in favour of anyone of his collaterals. The custom stated in an answer to question No. 104 is not the custom which prevails among all the Muhammadan tribes of Chakwal Tehsil and amongst some of them the custom which really prevails is the one which is embodied in the note given below that answer. Mairs, Kasars and Kahuts are three cognate tribes who between themselves form the predominant race throughout the Dhani country and are a composite group of the same tribe. Ahmad Din v. Malian Muhammad and others I L R 13 Lah. 159 and Fateh v. Alayar I L R 6 Lah. 352 ref. JUDGMENT MUHAMMAD SHARIF, J.---Ghulam Muhammad, defendant No. 1 made a gift of his landed property in favour of defendant No. 2, Noor Khan, who is the son of his first cousin. Shah Wali plaintiff, who is the first cousin of defendant No. 1, brought a declaratory suit that the gift made by defendant No. 1 in favour of defendant No. 2 was not valid according to law and custom and therefore, ineffectual against his reversionary rights after the death of defendant No. 1. The following…

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