Law:

Section:

(a) Civil Procedure Code (V of 1908)----- O.XLI, R.27--Where the Appellate Court requires any witness to be examined to enable it to pronounce ,. it may allow such witness to be examined, and the only rider placed is that it should record reasons for doing so.--[Witness). (b) Civil Procedure Code (V of 1908)-, --- O.XLI. R.27 & S.115--Where in a case falling under S.115(l)(c), C.P.C. it is established that the Appellate Court had exercised its jurisdiction illegally or with any material irregularity, the scope of additional evidence is not excluded. (c) Civil Procedure Code (V of 1909)-- --- O.XLI, R. 27-- Additional evidence can be admitted to rectify the error where the Court had acted illegally or with material irregularity in the exercise-of its jurisdiction, and justifiably fell within the four corners of the observation of Supreme Court in Haji Muhammad Zaman v. Zafar Ali Khan and others P L D 1986 S C 88. Haji Muhammad Zaman v. Zafar Ali Khan and -others P L D 1986 S C 88 rel. (d) Civil Procedure Code (V of 1908)-- --- O.XLI, R.27 & S.115(1) (c)--Fatal error on, merits of case cannot be described as an exercise of an erroneous discretion but a jurisdictional error in terms of S.115(l)(c), C.P.C. resulting from an erroneous assumption of facts. Kanwal Nain v. Fateh Khan P L D 1983 S C 53 and 'Venkatagiri v. H.R.E.Board, Madras AIR 1949 PC 156 distinguished. (e) Civil Procedure Code (V of 1908)-- ---S.151---Where Appellate Court had made an assumption which was erroneous and required further evidence to bring out the real factual position which was pivotal in deciding the case on merits in order to do justice between the parties--High Court, held, could in the exercise of its inherent jurisdiction admit such evidence for clarification in the ends of justice. (f) Constitution of Pakistan (1973)-- --- Art.185(2)(d) & (c) - -North -West Frontier Province Pre-emption Ac t(X of 1987), S.12, cl. secondly-- Appeal to Supreme Court--New plea-­ Maintainability- -Pre-emptor himself, had not based his superior right on the ground that there was a common irrigation right from the Sailaba land before the Courts below but his case was founded on contiguity-…

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