Law:

Section:

Civil Procedure Code (V of 1908)--- ----O.XLI, R.27---Application for additional evidence---Appellate Court below did not decide such application either way; although it was bound to decide it finally prior to giving in the main appeal---Application for additional evidence could not be left undecided---Non-disposal of application for additional evidence being a case of miscarriage of justice required reconsideration by the Appellate Court--:Case was remanded by High Court with direction for first deciding application for additional evidence and, thereafter, hearing and deciding the appeal in accordance with the result of Court's order on the application and the law. JUDGMENT Revision petition under section 115 of Civil P.C. was against judgment and decree of lower appellate Court dated 8-2-1982, confirming those of the learned trial Court dated 18-11-1979 which, in turn, had decreed pre-emption suit in favour of the respondents subject to payment of Rs.13,r00 as the sale price of the land, on or before 21..12-1979. By deed of sale registered on 12-7-1975, Ali Muhammad sold 34 Kanals, 2- Marlas of land at Mauza Wan-Bhachran in Tehsil Mianwali to Muhammad Ismail and Khuua Bakhsh for a sum of Rs.13,000. Bahadar, Fateh Sher, and Amir sons of Sher claimed pre-emption in respect of this sale. Superior right of pre-emption was asserted on the grounds of co-ownership in the joint Khata, ownership of agricultural land in revenue estate and the tenancy rights on the land sold. Pre-emption suit was instituted, on 10-7-1976. The vendees-defendants resisted the suit. On 12-7-1976, the trial Court returned the plaint for, its representation in the Court of Collector. On 21-11-1976, the order was reversed in appeal by learned District Judge, who found that Civil Court was competent to _try the suit. Appropriate issues having been framed and evidence recorded, the trial Court decreed pre-emption suit in favour of the respondents. It was held that as owners of the estate they were possessed of a better right of pre-emption. Petitioners preferred an appeal from the judgment and decree of the trial Court. In course of it, they applied for taking additional evidence to show that…

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