Law:

Section:

(a) Punjab Pre-emption Act (IX of 1991)-------Ss. 6 & 20---Civil Procedure Code (V of 1908), O.XLI, R.20(b)---Suit for pre-emption---Plea of vendee that pre-emptor had no superior right---Dismissal of suit by Trial Court---Application before Appellate Court for production of copy of Register Haqdaran Zamin showing vendee to be owner in estate---Dismissal of application by Appellate Court and High Court on the ground that same was filed to fill in lacuna; and that such plea was not raised by vendee in written statement---Validity---Trial Court had not examined Patwari, from whom Revenue Record favouring vendee could have been demanded---Courts below should have received such copy as additional evidence in order to do complete justice and avoid passing of a decree in favour of pre-emptor having no superior right---Passing of impugned decree in favour of pre-emptor having no superior right was a sheer injustice besides being an illegality and a bigger irregularity as compared to admission of additional evidence for which substantial cause was available---Duty of pre-emptor was to prove superiority of his right and not the equality---Such plea of vendee was sufficient to meet the requirements of pleadings---Supreme Court accepted appeal, admitted such copy into additional evidence, declared pre-emptor to be having no superior right of pre-emption and dismissed his suit subject to payment of Rs.10,000 by vendee as cost of additional evidence, failing which decree in favour of pre-emptor would stand revived. (b) Civil Procedure Code (V of 1908)---- ----O. XLI, R.27---Production of additional evidence in Appellate Court---Scope---Additional evidence would be sought about something which happened to have been omitted by a party during trial---Appellate Court could admit additional evidence, if same would promote ends of justice and would be required for doing complete justice between parties---Question of filing in lacunae would not be of prime importance---Principles. S.M. Tayyab, Senior Advocate Supreme Court for Petitioners. Kh. Muhammad Akram, Advocate Supreme Court for Respondents. Date of hearing: 18th December, 2006. JUDGMENT SARDAR MUHAMMAD RAZA KHAN,…

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