Law:

Section:

Civil Procedure Code (V of 1908)--O.XLI, R. 27---Constitution of Pakistan (1973), Art. 185(3)---Plaintiff's suit to claim share in inheritance decreed up to the High Court---Defendant during pendency of appeal before Appellate Court had applied to produce additional evidence; such plea was, however, rejected by Appellate Court ---Defendant's revision before High Court met the same fate in earlier round of litigation--­Defendants did not canvass matter of additional evidence further before Supreme Court, thus, finding of High Court in not allowing additional evidence; attained finality---Same controversy could not, therefore, be re-agitated before either Appellate Court or before the High Court when appeal against and decree granting relief of plaintiffs was maintained in appeal and revision in subsequent round of litigation---Discretion exercised by First Appellate Court in not allowing additional evidence was neither fanciful nor arbitrary ---High Court had rightly not interfered in exercise of such discretion by Appellate Court---Leave to appeal to Supreme Court was refused in circumstances. Zar Wali Shah v. Yousaf Ali Shah and 9 others 1992 SCMR 1778; North-West Frontier Province Government, Peshawar through Collector, Abbottabad and another v. Abdul Ghafoor Khan through Legal Heirs and 2 others PLD 1993 SC 418; Ghulam Ali and 2 others v. Mst. Ghulam Sarwar Naqvi PLD 1990 SC 1; Nazir Ahmad and others v. Abdullah and others 1997 SCMR 281 and Shahzada Muhammad Umar Beg v. Sultan Mahmood Khan and another PLD 1970 SC 139 ref. Awan Muhammad Hanif Khan, Advocate Supreme Court instructed by Mahmood A. Qureshi, Advocate-on-Record (absent) for Petitioners. Nemo for Respondents. Date of hearing: 12th January, 1998. JUDGMENT MUHAMMAD BASHIR JEHANGIRI, -J.---The question which fell determination before the Courts below was whether Mst. Sheran and Mst Jannat, respondents, were respectively the daughter and widow of Langar son of Sardara, a Muslim Jat, Chak No. 16/WB, Tehsil and District vehari, and as such were entitled to inherit his estate to the extent of '(1/8 + 1/2) 5/8th share while the petitioners who were his grandsons from his second son Umar were to inherit the…

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