2017 MLD 770 KARACHI-HIGH-COURT-SINDH

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USMAN KHAN VS MUHAMMAD NAZIM 1996 SCMR 336, 2006 SCMR 562, 2014 SCMR 922, O. XLI, R. 27---Sindh Rented Premises Ordinance (XVII of 1979), S. 15---eviction petition---Production of additional evidence before the Appellate Court---Conditions---eviction petition was allowed against which appeal was filed wherein tenant moved application for production of additional evidence which was dismissed by the Appellate Court---Validity---Memo. of appeal was silent with regard to subsequent rent agreement---Pleadings of the parties were benchmark of their respective claims and subsequent rent agreement was to be mentioned in the memo. of appeal---Additional evidence could be adduced when the Court from whose decree/order appeal was preferred had refused to admit said evidence which ought to have been admitted and Appellate Court required any document to be produced enabling it to pronounce judgment or for any other substantial cause---Appellate Court had rightly dismissed the application for production of additional evidence---Constitutional petition was dismissed in circumstances.