Mst. ILYAS AKHTAR vs PROVINCE OF PUNJAB O — 2025 CLC 452 LAHORE-HIGH-COURT-LAHORE

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Mst. ILYAS AKHTAR VS PROVINCE OF PUNJAB O. XLI, R. 27---Specific Relief act (I of 1877), Ss. 42 & 54---Suit for declaration and injunction---additional evidence, production of---Pre-condition---appellate Court, jurisdiction of---Filling in lacuna---Scope---Suit filed by respondents/plaintiffs was decreed in their favour by Trial Court---During appeal, petitioners/defendants sought permission to adduce additional evidence but Lower appellate Court declined the request---Validity---Where interest of justice and requirement of Court in adjudicating on the matter demand that such additional evidence is necessary, then the same should be allowed and recorded---Courts are not denuded of the power to summon all necessary record and also to summon witnesses so as to supply omissions from both sides---If a piece of evidence is relevant and pertinent for the decision of any issue, and it is genuine and reliable, it should not be stopped from being brought on record merely because in process employed for collection of material an irregularity or an illegality was committed---Concept of bar against filling gaps is no more available in jurisprudence of Pakistan---Courts should collect and record evidence which is authentic, consistent with pleadings and relevant to findings so as to advance and do complete justice between the parties---Interest of justice demanded that petitioners/defendant could have been allowed to bring on record documents as well as oral evidence which were otherwise of unimpeachable authenticity for resolving controversy and meeting ends of justice---Lower appellate Court failed to exercise jurisdiction in accordance with law by disallowing the application---High Court in exercise of revisional jurisdiction set aside order passed by Lower appellate Court and allowed application for additional evidence filed by petitioners/defendants---High Court directed Lower appellate Court to record additional evidence of petitioners/defendants and respondents/plaintiffs would have a right to produce any lawful evidence in rebuttal---Revision was allowed accordingly.

Mst. ILYAS AKHTAR vs PROVINCE OF PUNJAB O — 2025 CLC 452 LAHORE-HIGH-COURT-LAHORE

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