Law:

Section:

Civil Procedure Code (V of 1908)--OXIII, R. 2---Constitution of Pakistan (1973), Art. 185(3)---Non-production of document in question at earliest stage of proceedings on which defendant had not relied---Order of Trial Court rejecting defendant's prayer to receive document in question, at belated stage of trial was affirmed in appeal and revision, being in accordance with provisions of O.XIII, R. 2, C.P.C., could not be termed as illegal---Concurrent finding of Courts below on question of fact, did not call for interference---Leave to appeal was refused in circumstances. ORDER SAAD SAOOD JAN, J: --The dispute in this petition for special leave to appeal relates to a house situate in Basti Qulwali, Chak Noor Shah. It was purchased by a registered deed dated 12-8-1981 by the respondent from the three sons of one Allah Ditta. It was in the possession of the petitioner. On 22-12-1981 the respondent filed a suit for possession of the house. She stated that the petitioner was living in it as a licensee on account of his relationship with the vendors for his sister was married to one of them. The suit was resisted by the petitioner. He alleged that the land underlying the house was purchased by the father of the vendors but the funds for the same were provided by his own grandfather. As such the father of the vendors was merely a Benamidar. He also alleged that the house was initially constructed by his own grandfather and that he had later re-built it in 1950. 2. The suit was decreed by the trial Court which rejected the plea of…

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