Law:

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(a) Civil Procedure Code (V of 1908)------ S. 115 & O.XLI, R.27---Constitution of Pakistan (1973), Art.185(3) --- Leave to appeal was granted to consider whether only Appellate Court was empowered to allow the additional evidence and no such power existed in the Revis.ional Court. (b) Civil Procedure Code (V of 1908)-- ---- S. 115 & 0. XLI, R.27 --- If the Appellate Court which is competent to record additional evidence, acts illegally or with material irregularity and on that account factual error is committed then in revision additional evidence can be admitted in a fit and proper case for clarification if that is essential for just decision of the case. JUDGMENT SAJJAD ALI SHAH, J.--By this appeal with leave is called in question order dated 31-3-1990 and announced on 4-4-1990 of Lahore High Court, Lahore, whereby Civil Miscellaneous No.1180 riled by respondents in Civil Revision No.32-D of 1986 is accepted allowing summoning of original record from Patwari Halqa and office of the Collector, relating to Mutation No.1332 dated 28-11-1943 to establish that mutation was attested on the date mentioned above. Further revision petitioners have been allowed right of rebuttal. 2. Briefly stated the relevant facts are that the respondents before us as plaintiffs instituted a suit for perpetual injunction against defendants who are appellants before us restraining them from interfering with their possession of the property comprised in Khasra Nos.597/1 and 597/2. The case of the plaintiffs in the suit is that they are owners of the property in dispute by virtue of registered sale-deed dated 2-11-1948 executed in their favour by Ch. Jewan. Defendants in the suit Fatch Muhammad and Ghulam Ahmad in the written statement denied title of plaintiffs. During pendency of the suit, Loca Commissioner was appointed, who inspected the site and before him photo copy of Mutation No.1332 attested on 28-11-1943 was produced which was marked by him as 'A'. The Local Commissioner submitted his report alongwith copy of mutation. According to this mutation the land in dispute belonged to Hindu lady Mst. Sab Dcvi, who sold it in favour of defendants Fatch Muhammad and Ghulam Ahmad…

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