Law:

Section:

(a) Civil Procedure Code (V of 1908)--- ----O.XLI, R. 27---Production of additional evidence at appeal stage in second appeal---Court's discretion---Appellate Court in proper cases has discretion to allow additional evidence at appeal stage but same could not be allowed to fill up lacuna or as a matter of routine---Case being one for filling up lacuna and not one of technicality which should be liberally construed in favour of party concerned; and no sufficient cause having been shown for not producing the evidence at trial stage, Court had exercised its discretion properly by refusing to allow additional evidence---Additional evidence could be adduced only for sufficient reasons or when it was necessary for enabling Court to pronounce . (b) Specific Relief Act (I of 1877)--- ----S. 12---Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974), S. 42---Suit for specific performance of agreement of sale---No agreement filed in Court---Plaintiff relying on oral evidence of witnesses---Plaintiff in second appeal before High Court making application for adducing additional evidence i.e. sale agreement---High Court declined to allow production of additional evidence---No sufficient evidence existed on record whereby plaintiffs plea of agreement to sell could be proved---Finding of Court below did not justify interference in appellate jurisdiction as no case was made out even on merits. JUDGMENT SARDAR SAID MUHAMMAD KHAN, CJ.---This appeal has been directed against the judgment of the High Court dated 19-3-1990 whereby the appeal filed by the appellants, herein, was dismissed. Brief facts giving rise to the present appeal are that Muhammad Hussain (who has died and whose legal representatives are on the record) brought a suit for, specific performance of the contract in respect of the land measuring 13 Kanals 13 Marlas, comprising survey No.162, situate in village Saroa, Tehsil Sehnsa. The case of Muhammad Hussain, deceased-plaintiff, was that he had purchased the land from Walayat and others and thus the suit land came into his possession as a vendee. Muhammad Ismail brought a suit for possession on the basis of right of prior purchase which was compromised…

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