Law:

Section:

(a) Karachi Development Authority (Disposal of Land) Rules, 1971-------R. 10---Allotment order of plot---Validity---Allotment order of plot was admittedly issued by the Authority's Office---Delivery of possession of plot in question, was admitted as also 50 per cent. -occupancy value of the same--­Allotment of plot in that specific area was admittedly made in 1964 and list of allottees prepared at that time contained name of plaintiff---Such evidence produced from the record of Authority amply proved authenticity and validity of allotment of plot in question, to plaintiff together with plan and delivery of possession---Authority (defendant) even in its written statement had admitted that possession of plot in question was delivered to plaintiff and fifty per cent. occupancy value thereof, was paid by plaintiff---Validity and authenticity of allotment of plot in question, was established in circumstances. Abdul Razzak v. K.DA. 1991 CLC 1591 rel. (b) Qanun-e-Shahadat (10 of 1984)--- ----Art. 2 (1) (b) & (c)---"Material document" and "material evidence"--­Connotation--"Material document" and "material evidence" mean such piece of evidence or documents, which would affect findings returned by the Court or in other words findings of Court would have been different if documents that had not been considered, had been looked into by the Court..--[Words and phrases]. Sheikh 'Muhammad v. Hashmat Sultana 1989 SCMR 34; Wali Muhammad v. Muhammad Ebrahim and others PLD 1989 Lah. 440; Kanwal Naim v. Fateh Khan and others PLD 1983 SC 53 and Sahib Khan v. Muhammad Panah PLD 1994 SC 162 ref. (c) Civil Procedure Code (V of 1908)--- ----S. 115---Revision---Plea which was neither taken in written statement nor in evidence could not be allowed to be taken at revisional stage. (d) Civil Procedure Code (V of 1908)--- ----S. 115---Revision---Concurrent findings of Courts below---Omission to consider documents in question---Effect---Documents in question, referred to by defendant were not material documents having no bearing on findings given by Courts below---Omission to consider such documents would not ipso facto justify interference in concurrent findings of Courts below in…

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