Law:

Section:

(a) Civil Procedure Code (V of 1908)------O. XLI, R.27---Additional evidence at appellate stage---Production of--­Scope---Filling in lacunae of either party---Permissibility---Petitioner during the trial intended to produce additional evidence but Trial Court did not allow the same for the reason that the evidence required to be produced was already in possession of the petitioner and the same was not produced at the appropriate time---Appellate Court during the appeal also refused to grant permission for the production of the. evidence---Validity---Such evidence could be allowed only if it was deemed essential for pronouncing the ---Where the material brought forth did not enable the Appellate Court to come to a definite conclusion, additional evidence could not be allowed to till in the lacunae of either party---High Court declined to interfere with- the passed by the Appellate Court as the Court had rightly rejected the prayer for recording additional evidence. (b) Civil Procedure Code (V of 1908)--- ----S. 115---Revision---Concurrent findings of fact by the Courts below--­Interference by High Court---Scope---Concurrent findings of the two Courts below are not to be lightly interfered with by High Court in exercise of revisional jurisdiction unless the same are the result of the jurisdictional error or some material irregularity. JUDGMENT Suit of plaintiff Mst. Nasreen Bibi for declaration that suit plot measuring 427-2" which is part of House No.C/2845-A, Bakhri Bazar, D.I. Khan is her ownership and in her possession and that the defendant has no concern with its ownership was decreed by the judgment and decree, dated 6-12-1994 of the Senior Civil Judge, D.I. Khan. The legal heirs of defendant Ghulam Rasool challenged the said findings of the trial Court by way of appeal. Alongwith appeal an application was also submitted for permission to adduce additional evidence by bringing on record the plan prepared by one M.A, Raqib, R.I., dated 7-11-1963 and copy of order of the Settlement Commissioner in Appeal No.37/D of 1964 decided on 22-1-1965. The learned Additional District Judge, who was seized of the appeal, did not allow additional evidence and on the…

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