| Citation(s) |
|---|
| 2001 SLG 1581 2001 SLD 1581 2001 SCMR 1766 |
Supreme Court of Pakistan
Civil Petition No.368-L of 1999, heard on 25-07-200
MUNIR A. SHEIKH AND IFTIKHAR MUHAMMAD CHAUDHRY, JJ
M. Shamshir Iqbal Chughtai, Advocate Supreme Court and Ch. Mehdi Khan Mehtab, Advocate-on-Record for Petitioners. M.Q. Salim, Senior Advocate Supreme Court and Tanvir Ahmad, Advocate-on-Record for
Respondent
Civil Petition No.368-L of 1999, heard on 25-07-200
MUNIR A. SHEIKH AND IFTIKHAR MUHAMMAD CHAUDHRY, JJ
M. Shamshir Iqbal Chughtai, Advocate Supreme Court and Ch. Mehdi Khan Mehtab, Advocate-on-Record for Petitioners. M.Q. Salim, Senior Advocate Supreme Court and Tanvir Ahmad, Advocate-on-Record for
Respondent
Sh. QAMAR JAVID and OTHERS
VS
Sh. HASSAN ALI
Law:
Section:
(a) Civil Procedure Code (V of 1908)--- O.XLI, R.27Additional evidence, production ofDocuments intended to be produced as additional evidence had no bearing on the merits of the caseHigh Court while accepting the revision application filed by the -Respondent allowed production of additional evidenceValiditySupreme Court itself examined the documents sought to be produced in additional evidence and found that the contents of the same had no bearing on the pleas of the parties regarding identification of the properties and the area underneath about which evidence had already been produced by the parties and the same was thoroughly examined by Trial Court and Appellate CourtsSuch evidence was not at all relevant for the purpose of disposal of the suit on meritsJudgment passed by High Court was set aside and application for additional evidence made by the -Respondent was dismissedPetition for leave to appeal was converted into appeal and the same was allowed. ORDER MUNIR A. SHEIKH, J. This petition is directed against the judgment dated 16-12-1998 of the Lahore High Court, Bahawalpur Bench through which revision petition filed by -Respondent against the judgment dated 2961978 of the First Appellate Court accepting the appeal of the -Petitioners and setting aside the judgment dated 2821978 of the trial Court has been accepted on acceptance of the application made by -Respondent under Order XLI, Rule 27, C.P.C. for permission to produce additional evidence and the case remanded to the trial Court 'for fresh decision of the suit after recording additional evidence. Learned counsel for the -Petitioners maintained that the two documents which were sought to be produced as additional evidence did not have any bearing upon the point in issue between the parties i.e. identification of the properties purchased by the parties from the Settlement Department and the area underneath them which questions were decided by two Courts below on the basis of evidence led by the parties. He also maintained that merely because appreciation for permission to…
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