2016 YLR 1288 KARACHI-HIGH-COURT-SINDH

Full text

NASURALLAH ODHANO VS NAZIR AHMED Civil Procedure Code --Order XLI of C.P.C. Appeals from Original Decrees--27 , Eviction petition--Term , Sindh Rented Premises Ordinance 1979--15 , O. XLI, R. 27---Sindh Rented Premises Ordinance (XVII of 1979), S. 15---eviction petition---Production of additional evidence in the appellate court---Scope---Rent Controller dismissed ejectment petition against which appeal was filed wherein application was moved for production of additional evidence which was allowed---Validity---Appellant had no right to produce additional evidence except when it was prayed in the Trial Court and same was refused---Appellate Court must be convinced as to why evidence was not produced in the original/Trial Court and whether the evidence in question was genuine and justified in resolving the real controversy between the parties---Party to litigation could not be allowed to fill-up the lacuna of his case at late stage i.e. appeal---None of the documents to be produced as additional evidence established the ownership of landlord---Appellate Court did not consider the fact as to whether the documents to be produced as additional evidence were relevant to the actual controversy---Ample opportunity was available to the landlord in the Trial Court to produce the alleged documents but he failed there---Case could not be remanded merely to provide an opportunity to a negligent litigant to fill gaps left by him in its case---Appellate Court was not justified to allow the application for production of additional evidence---Impugned order passed by the Appellate Court was set aside---Appellate Court was directed to decide the appeal on merits in accordance with law---Constitutional petition was accepted in circumstances.