| Case ID |
09e3b33c-6b2e-45ec-a783-5cc70632e9ac |
| Body |
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| Case Number |
First Appeal No. 1 and Civil Miscellaneous Applica |
| Decision Date |
Jun 04, 1995 |
| Hearing Date |
|
| Decision |
The Sindh High Court dismissed the application made by the appellant under Order 41, Rule 27 of the Civil Procedure Code for the production of additional evidence. The court found that the documents sought to be introduced did not serve any useful purpose as they merely aimed to fill the gaps left during the trial. The court emphasized that only evidence needed for conclusive adjudication could be admitted. The appellant's previous suit for specific performance was dismissed due to a lack of cogent evidence. Therefore, the request to introduce additional documents was seen as an attempt to improve the case rather than substantiate it. The order of the Rent Controller was also referenced, indicating no conclusive findings regarding the title were established, leaving the matter open for future determination. |
| Summary |
This case revolves around the dismissal of an application for additional evidence in a civil suit concerning specific performance and eviction. The appellant, ASADULLAH KHAN, contested an ejectment order against him by ABDUL KARIM. The court ruled that the additional evidence sought was not necessary for a conclusive decision and that all relevant evidence should have been presented during the trial. The case highlights the importance of presenting complete evidence during initial proceedings and the strict criteria under which additional evidence can be introduced at the appellate stage. The judgment reiterates principles of the Civil Procedure Code, specifically Order 41, Rule 27, which governs the admissibility of additional evidence, emphasizing that such evidence must be critical for the court's final decision. This ruling serves as a precedent for cases involving similar procedural issues, underscoring the necessity of thorough preparation in civil litigation. Keywords: civil procedure, additional evidence, specific performance, legal principles, Sindh High Court. |
| Court |
Sindh High Court
|
| Entities Involved |
Not available
|
| Judges |
ABDUL RAHIM KAZI, J
|
| Lawyers |
Anwar Hussain,
Zafar Alan
|
| Petitioners |
ASADULLAH KHAN
|
| Respondents |
ABDUL KARIM
|
| Citations |
1995 SLD 1223,
1995 CLC 1889
|
| Other Citations |
Shaikh Muhammad Ikhlas and others v. Muhammad Ismail PLD 1963 SC 466,
Sakhi Muhammad Taqi v. Muhammad Anwar Khan Ghauri 1983 CLC 1085,
Khurshid Ali and 6 others v. Shah Nazar PLD 1992 SC 822,
Naseer Ahmad and another v. Asghar Ali 1992 SCMR 2300,
Mst. Hajan Nawab Bibi v. Additional District Judge and others PLD 1993 Lah. 492,
Sheikh Abdul Rehman v. Mst. Violet and others 1986 CLC 1033
|
| Laws Involved |
Civil Procedure Code (V of 1908),
Specific Relief Act (I of 1877),
Sindh Rented Premises Ordinance (XVII of 1979)
|
| Sections |
O. XLI, R. 27,
Ss. 12 & 42,
S. 15
|