Law: Civil Procedure Code (V of 1908)

Section: O.XVIII,r.2,O.XLI,r.17

Law: Provisional Constitution Order (1 of 1981)

Section: 9

Law: Punjab Pre-emption Act, 1913

Section: 15

(a) Civil Procedure Code (V of 1908) O. XVIII, r. 2 & O. XLI, r. 17 Punjab Pre emption Act (I of 1913), S. 15 Additional evidence Trial Court allowing production of additional evidence, about a year after close of parties, evidence Contention that valuable right accrued to petitioners by lapse of time, has been taken away by passing such order, held, may be relevant in case of amendment of pleadings Such contention cannot be pressed into service in a case relating to production of additional evidence Additional evidence can be permitted to be produced even by a Court of second appeal. [Evidence]. (b) Civil Procedure Code (V of 1908) O. XVIII, r. 2, Expln. I (High Court Amendments Lahore) Punjab Pre emption Act (I of 1913), S. 15 Additional evidence -Plaintiff producing incomplete copy of pedigree table Defendants laying hand on complete copy of pedigree table after parties' evidence closed Order for production of such evidence, held, in interest of justice for final disposal of case, [Evidence]. (c) Provisional Constitution Order (1 of 1981) Art. 9 Jurisdiction Finding on question of fact or question of law Recorded by Court of competent jurisdiction, held, cannot be called in question by invoking Constitutional jurisdiction, howsoever erroneous may be [Jurisdiction]. THIS ORDER PASSED BY: LEHRASAP KHAN, JUSTICE---.--- This Constitutional petition assails the orders, dated 9th February, 1983 and 21st March, 1983 passed respectively by the learned Civil Judge, Hafizabad and the learned ,District Judge, Gujranwala. The petitioners herein filed a suit for possession of land by pre emption against the respondents in the Court of Civil Judge, Hafizabad. Parties produced their evidence and the same was closed on 24th of February, 1982. Thereafter the case was fixed for arguments. Both the parties obtained numerous adjournments for arguments. On 30th October, 1982 however, the respondents filed an application for being permitted to adduce additional documentary evidence. Their prayer was objected to by the petitioners but the learned Civil Judge, Hafizabad after hearing the parties vide his order dated 9th February, 1983 permitted the respondents to produce a…

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