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SANAULLAH vs CANTONMENT EXECUTIVE, OFFICER, QUETTA CANTT O — 2025 CLC 1325 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Citation
2025 CLC 1325 QUETTA-HIGH-COURT-BALOCHISTAN
Court
Balochistan High Court
Year
2025
Reporter
CLC
Parties
SANAULLAH vs CANTONMENT EXECUTIVE, OFFICER, QUETTA CANTT O
Subject matter
Civil
Provisions referred to
S. 115---P

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

SANAULLAH VS CANTONMENT EXECUTIVE, OFFICER, QUETTA CANTT O. XLI, R. 27& S. 115---Production of additional evidence at appellate stage---Scope---Irrelevancy of documents-Absence of reasonable cause---Plea of non-possession of documents during pendency of suit---Validity---Under O. XLI R. 27, C.P.C., the appellate court may allow additional oral or documentary evidence in limited circumstances, thus, its scope is limited---Order XLI, Rule 27, C.P.C., empowers the appellate court to allow additional evidence after recording reasons---No plausible explanation or reasonable cause was shown for production of additional evidence---Law regarding additional evidence was not intended to allow an unsuccessful litigant to patch-up weak parts of their case and fill omissions on appeal, and such power ought to be exercised sparingly--Petitioner neither applied to the Trial Court for recording additional evidence nor did the appellate court find it necessary to allow placing of documents as additional evidence---Petitioner merely tried to patch-up weak parts of his case without discovery of new evidence, facts, or documents, thus, the appellate court committed no illegality in dismissing the application for producing additional evidence---Order XLI, Rule 27, C.P.C., disclosed no exceptional circumstance to justify recording of additional evidence and the grounds were flimsy and appeared to be an attempt at a fishing or roving inquiry---Civil revision was dismissed, in circumstances.

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