Case Details

Citation(s)
1981 SLG 177 1981 SLD 177 1981 SCMR 149
Supreme Court of Pakistan
Civil Petition for Special Leave to Appeal No. 867 of 1979, decision dated: 16-07-1980.(On ,leave to appeal against the judgment and orders of the Lahore High Court dated 18-8-1979 in Writ Petition No. 4454 of 1979)
MUSHTAQ HUSSAIN AND SHAFI-UR-REHMAN, JJ
G. A. Farid Khan, Advocate Supreme Court and Rana Maqbool Ahmad Qadri, Advocate-on-Record for Petitioners. Nemo for
Respondents.

SHAKIR ALI KHAN AND others

VS

TAUHID AHMAD KHAN ETC.

Law:

Section:

Civil Procedure Code (V of 1908)-- S. 151-Production of additional evidence in trial Court-Authority rests with Court to grant permission-Production of such evidence, held, -not a matter of right but dependent on discretion of Court.- a [Evidence]. ORDER MUSHTAQ HUSSAIN, J.-Shakir Ali Khan etc. filed a civil suit praying for a mandatory injunction requiring the respondents to remove the walls and keep open the passage of Koocha Khas for the petitioners. A copy of the plan was attached with the plaint. The respondents contested the suit. When the case came up for final arguments the petitioners moved an application for permission to prove the site plan which had been annexed to the plaint but which had not been proved at any stage when the evidence was recorded. This prayer was rejected on the ground that meanwhile another plan had already been exhibited. 2. The petitioners felt aggrieved and moved the District Judge in his revisional jurisdiction. Their prayer did not find favour with the learned District Judge and, therefore, they filed a Writ Petition No. 4454/79 before the Lahore High Court which was dismissed by an order of a learned Single Judge of that…
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