Law:

Section:

Civil Procedure Code (V of 1908)--S. 107(2)---Constitution of Pakistan (1973), Art. 185(3)---Application for production of additional evidence viz.; documents filed in High Court in support of one of the grounds taken in appeal---High Court neither taking into consideration documents in question, nor disposing of application for production of additional evidence, nor referring to those documents with a view to deal with their relevance and efficacy on the question before it---Respondent having appeared in response to notice did not object to the conversion of petition into appeal and remand of same to the High Court in view of non-consideration/non-­disposal of application for additional evidence---Petition for leave to appeal was thus converted into appeal, of High Court was set aside and case was remanded to High Court for disposal after dealing with the application for additional evidence. ORDER SHAFIUR RAHMAN, J.---The grievance of the petitioners in this case was that alongwith the appeal filed in the High Court, they had filed an application under section 107(2), C.P.C. and another application disclosing the particulars of the documents which they wanted to produce by way of additional evidence in support of ground (E) taken in appeal before the High Court. Notices on those applications for bringing on record the additional evidence had issued. At the hearing of the argument there was no opposition to the admission of these documents relating to the title of the…

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