JAVED IQBAL vs SHAHEEN IQBAL O — 2023 PLD 105 QUETTA-HIGH-COURT-BALOCHISTAN

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JAVED IQBAL VS SHAHEEN IQBAL O. XLI, R. 27---additional evidence, producing of---Jurisdiction of the appellate Court---Scope---Conduct of the party---Petitioner filed an application under O. XLI, R. 27 of the Civil Procedure Code, 1908, before the appellate Court seeking permission to produce marginal witnesses of alleged gift-deed---Contention of the petitioner was that the appellate Court had jurisdiction to allow the production of witnesses who were not produced before the Trial Court---appellate Court dismissed the said application of the petitioner---Validity---Record revealed that petitioner had already mentioned name of said witnesses in the list of witnesses having been submitted before the Trial Court, however, order-sheets of the Trial Court showed that despite several opportunities, no efforts had been made by the petitioner to produce the said witnesses---Parties to the suit must be vigilant while contesting the suit and if any party is careless or fails to take necessary steps for production of evidence then subsequently any request on behalf of such party under the garb of O. XLI, R. 27 of the Civil Procedure Code, 1908, for production of additional evidence has to be considered with extreme caution as the conduct of a party is always extremely relevant---Petitioner, without mentioning any cause, did not produce the witnesses before the Trial Court---Order XLI, R. 27(1)(a) of the Civil Procedure Code, 1908, stipulates that only in those cases where the Trial Court has refused to admit any evidence which ought to have been admitted, then the appellate Court can exercise the discretion to allow additional evidence---Trial Court, in the present case, was never approached by the petitioner in such context, instead he, despite taking responsibility to produce said witnesses, failed to do so---Neither the powers under O. XLI, R. 27 of the Civil Procedure Code, 1908, are unfettered nor the appellate Court has the discretion to allow additional evidence per its own caprice, rather the said discretion is structured / limited by the factors enunciated in the said provision of law---Revision was dismissed, in circumstances.

JAVED IQBAL vs SHAHEEN IQBAL O — 2023 PLD 105 QUETTA-HIGH-COURT-BALOCHISTAN

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