Law:

Section:

(a) Civil Procedure Code (V of 1908)-.--- O.XLI, R. 27---Constitution of, Pakistan (1973), Art. 185(3) --- Recording of additional evidence --- Suit for declaration relating to inheritance of property-- Record showed that, case was badly conducted not only from the petitioner's side but also from the respondents' side --- All the relevant documents were not brought on record --- Original record of Trial Court showed a miserable jumble of papers which might have resulted in miscarriage of justice --- Trial Court was not endued of power to summon all the necessary revenue record and also to summon the Patwari so as to supply omissions from both sides --- Appellate Courts were also duty bound to do so --- Held, it was an appropriate case for exercise of power under O.XLI, R.27, C.P.C. for bringing on record additional evidence and suo motu exercise of such power would also have been justified in the facts and circumstances of the case --- Leave to appeal was granted. (b) Administration of justice- --- Miscarriage of justice---Origmal record of Trial Court showing miserable jumble of papers which might have resulted in miscarriage of justice --- Supreme Court desired that Chief Justices of the High Courts might look into such a sorry state of record maintenance by subordinate Courts when conducting the trials--­Registrar of the Supreme Court was also directed to carefully notice the flaws in that regard and address a separate letter to the Registrars of all the High Courts and if needed the subject might also be considered in the next meeting of the Chief Justices. (c) Constitution of Pakistan, (1973)-- --- Art. 185(3) --- Petition for leave to appeal --- Suit for declaration relating to inheritance of property --- Petitioner being a lady, a strong possibility could not be excluded that a woman like her, being unable to manage and hold and 'protect her property, others might have taken undue advantage of her incapacity --- Leave to appeal was granted to the petitioner for this and other reasons. (d) Constitution of Pakistan (1973)-- --- Arts. 25(3), 7 & 185(3)--- Protection for women and children does not only mean the protection of, the body but also the…

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