Law:

Section:

Civil Procedure Code (V of 1908)----------O. XLI, R.27---Additional evidence; production of---Principle---Public record---Delay in filing of application for additional evidence---Application filed by petitioners was dismissed by Appellate Court on the ground that the same was filed at a belated stage---Validity---Mere delay was no ground for disallowing any party to lead additional evidence, otherwise various provisions of Civil Procedure Code, 1908, empowering Court to allow additional evidence at any stage would become redundant---In almost every case prayer for additional evidence was made usually at a later stage and sometimes at fag end of the trial, rather even at Supreme Court level and while deciding such application, Courts always ignored the stage and considered the question whether the same was necessary/essential for just decision of the matter---Petitioners, through the application, merely wanted to place on record certified copies of public documents which were per se admissible---Permission to produce additional evidence never meant that the genuineness of the documents or for that matter its evidentiary value had been impliedly admitted in favour of the party producing that document---Order passed by Appellate Court was set aside and the petitioners were allowed to produce additional evidence subject to payment of cost---Revision was allowed accordingly. 1999 SCMR 1870 and Ijaz Muhammad Khan and others v. Mst. Sahib Bibi and others 1996 SCMR 598 distinguished. Sh. Karim-ud-Din for Petitioners. Mian Ahmed Nadeem Arshad for Respondents. Date of hearing: 18th January, 2005. JUDGMENT Through this C.R. petitioners/defendants have challenged the order, dated 26-6-2002 passed by learned Additional District Judge, Bahawalnagar, whereby the learned Additional District Judge dismissed the petitioners' application for the production of additional evidence. 2. The facts briefly stated are that Allah Ditta predecessor-in-interest of the respondents filed a pre-emption suit against the sale dated 7-5-1974. in the Court of Civil Judge, Bahawalnagar, which suit was decreed on 12-5-1977. Against the said judgment and decree, the petitioners filed an appeal…

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