Law:

Section:

Civil Procedure Code (V of 1908)--OXXXIV, R.8-A--Suit for possession through redemption--Claim by defendant for payment of full compensation for improvements and opportunity of being heard--Petitioner/defendant neither asked for production of any evidence nor did he insist on framing an issue about the said claim--Trial Court had acted on the report of Local Commissioner/Referee--High Court found that defendant/petitioner could not contend before High Court at revisional stage that it was the Court which failed to perform its duty--Defendant/petitioner himself should have at least asked the Court to examine, if there was any evidence with hire or if he wanted to produce any--No impropriety having been found in the order of the High Court, leave to appeal against such order was refused. Qazi Shafi Muhammad, Advocate Supreme Court and Ch. Qamaruddin Khan Meo, Advocate-on-Record for Petitioner (absent). Nemo for Respondents. Date of hearing: 3rd September, 1988. ORDER MUHAMMAD AFZAL ZULLAH, J.--Leave to appeal has been sought by a defendant, in a suit for possession through redemption, against the dismissal by the High Court of his Civil Revision. The petitioner has lost the case throughout. The only question now raised before this Court by the learned counsel, is that full compensation for improvements has not been awarded in favour of the petitioner nor he was afforded adequate opportunity to lead evidence in this behalf. The argument as advanced before the High Court and its treatment in the…

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