NISHTAR HOSPITAL MULTAN vs LINDE PAKISTAN LTD — 2023 YLR 2364 LAHORE-HIGH-COURT-LAHORE

Case information

Citation: 2023 YLR 2364 LAHORE-HIGH-COURT-LAHORE
Court: Lahore High Court
Year: 2023
Reporter: YLR
Parties: NISHTAR HOSPITAL MULTAN vs LINDE PAKISTAN LTD
Subject matter: Civil

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

NISHTAR HOSPITAL MULTAN VS LINDE PAKISTAN LTD. O. XLI, R. 27---additional evidence at appellate sage---Scope---Order XLI, R. 27, C.P.C., does not envisage filling up the lucuna left by a party in evidence before Trial Court---additional evidence could not be received to fill-up lacuna or provide for deficiency in the case of a party---It is not meant to cater the needs of a particular party but is available for exercise by the appellate Court to appropriate cases where need for taking additional evidence appears essential to the Court for just decision of the case---It envisages certain circumstances when additional evidence can be adduced---Scope of O. XLI, R. 27, C.P.C., is limited as it contemplates very few circumstances or conditions in which the appellate Court may allow a party to the appeal to produce additional documentary evidence---Said provision does not give unfettered discretion to the Court to allow application for additional evidence---There must be some reasons for allowing said application---Discretion of Court should not be exercised in favour of a person who remained indolent for years and such person should suffer consequences of his failure.

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