Law: Constitution of Pakistan, 1973

Section: 185(3)

Civil Procedure Code (V of 1908)--O.XLI, R.27--Constitution of Pakistan (1973), Art. 185(3)--Additional evidence--Assessment of High Court that without additional evidence it had become difficult to pronounce on the relationship of predecessor-in-interest of respondents with the original owner of the property amongst other grounds was sufficient to satisfy condition under O.XLI, R.27, C.P.C.--Even otherwise the oral evidence on record proved the relationship when it was not disbelieved by lower Courts--Objections regarding lack of opportunity and that necessary parties were not impleaded were not well founded--Decision on question of limitation was unexceptionable--Other contentions related to appreciation of evidence or findings of fact and were not suffering from any infirmity so as to justify interference by Supreme Court--None of petitioners' arguments had any force--Leave to appeal refused. Ch. Khurshid Ahmad, Advocate Supreme Court and Tanvir Ahmad, Advocate-on-Record for Petitioners. Ch. Imtiaz Ahmad, Advocate Supreme Court and M. A. Qureshi, Advocate-on-Record for Respondents. Date of hearing: 7th November, 1988. JUDGMENT MUHAMMAD AFZAL ZULLAH, J.--Leave to appeal has been sought by the defendants side in a suit for declaration and permanent injunction etc., against the acceptance by the High Court of the respondents/plaintiffs side's regular second appeal. Although on face the main question before the trial Court was whether the petitioners side were lawful purchaser of the suit property from Ali Muhammad its original owner; yet the decision of the suit mainly depended upon whether the respondents/plaintiffs side had any locus standi or cause of action to file the suit. The basis for filing the suit was that Fateh Din the predecessor-in­interest of respondents was an heir of Ali Muhammad and in that capacity was together with other heirs entitled to inherit the property if it had not been sold to the petitioners side. The trial Court held that proper proof of sale by Ali Muhammad was lacking; but at the same time held that Fateh Din was not related to Ali Muhammad as claimed, hence, the plaintiffs side would fail on account of this reason. The learned…

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