Law:

Section:

Civil Procedure Code (V of 1908)-------O. XIII, R.2---Constitution of Pakistan (1973), Art.199---Constitutional petition---Maintainability---Additional evidence, production of---Petitioner had filed an application in Trial Court, for production of additional evidence--­Application was filed when evidence of respondent was completed---Trial Court dismissed the application as the same was filed at a very belated stage--­Additional District Judge also dismissed the revision of petitioner ---Validity--­Both the Courts below had given a concurrent finding to the effect that evidence could be produced at some early stage for which petitioner had ample opportunity---Where such request was made at a belated stage, it should be thoroughly examined by the Court, in order to see that the party concerned was not indolent, and that if additional evidence was not allowed, there would be a failure of justice---Objective of allowing %belated or additional evidence should be to promote ends of justice and not to put any premium on or give edge to one party over the other---Concurrent finding of both the Courts below refusing the additional evidence to petitioner did not suffer. from any illegality--­Extraordinary Constitutional jurisdiction of High Court could not be invoked in circumstances. 1994 CLC 951; 1994 CLC 1516; PLD 1995 Lah. 85; 1995 CLC 531; PLD 1994 Kar. 474; 1992 CLC 1450 and 1990 CLC 664 ref. ORDER A suit for declaration by the predecessor-in-interest of the present petitioner against Mian Abdul Qayyum respondent and an ejectment petition filed by the aforesaid respondent against Chiragh Muhammad i.e. predecessor­in-interest of the present petitioner were pending consolidated trial before the learned Court below. The issues in the case were framed on 16-10-1995. The parties had completed their evidence except the rebuttal evidence of the present petitioner/plaintiff. A petition for additional evidence was presented after the completion of the evidence of the respondent Mian Abdul Qayyum. It was prayed in the petition that following additional evidence be allowed to be examined in rebuttal :-- (1) Handwriting Expert, (2) Mr. Muhammad Sharif Chohan, Advocate, (3)…

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