Law: Civil Procedure Code (V of 1908)

Section: 27

Civil Procedure Code, 1908 (V of 1908)- —O. XLI R. 27-Specific performance of agreement-Suit for-Additional evidence-Production of-Prayer for--Refusal of-Challenge to—Document sought to be produced in additional evidence, was in knowledge of predecessor-in-interest of appellants but he made no effort to adduce same in evidence-No attempt was made to adduce same as additional evidence in court of District Judge-Matter pertains to adducing additional evidence at stage of second appeal, for which no sufficient cause has been shown—Held: It is settled principle of law that additional evidence under Order XLI Rule 27 C.P.C. can be adduced only for sufficient reasons or if it is necessary for enabling court to pronounce -Held further: Findings of District Judge do not suffer from any infirmity and appeal has no merits. [Pp.2324]AB PLD 1978 SC (AJK) 112,1983 CLC 1912, PLD 1984 Lah. 139, PLD 1983 SC (AJ K)188, PLD 1984 AJK 41, PLD 1977 AJK 78 and PLD 1969 SC 60 not relevant. JUDGMENT Sardar Said Muhammad Khan, CJ.-This appeal has been directed against the judgment of the High Court dated 19-3-1990 whereby the appeal filed by the appellants, herein, was dismissed. Brief facts giving rise to the present appeal are that Muhammad Hussain (who has died and whosejegal representatives are on the record) brought a suit for specific performance of the contract in respect of the land measuring 13 kanals 13 marlas, comprising survery No. 162, situate in village Saroa, Tehsil Sehnsa. The case of Muhammad Hussain, deceased-plaintiff, was that he had purchased the land from Walayat and others andihus the suit land came into his possession as a vendee. Muhammad Ismail brought a suit for possession on the basis of right of prior purchase which was compromised between the parties on the assurance of the pre-emptor that after the suit was decreed in his favour, he would transfer the suit land to Muhammad Hussain through a sale-deed but-subsequently,he refused to oblige him. Thus, he sought a decree for specific performance of contract against Muhammad Ismail, pre-emptor, for executing the sale-deed of the said land in his favour. The averments made by the plaintiff were denied by the.…

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