P L D 2021 Lahore 287
Specific Relief Act (I of 1877)---
----Ss. 42 & 54---Civil Procedure Code (V of 1908), O.XLI, R. 29---Suit for declaration and injunction---Additional evidence, recording of---Suit for declaration filed by respondent/plaintiff was dismissed by Trial Court but Lower Appellate Court remanded the matter to Trial Court for recording additional evidence on behalf of respondent/ plaintiff---Validity---Held, it was well within the domain of Lower Appellate Court to do complete justice and if necessary could permit production of such additional evidence, provided non-production thereof at initial stage was duly supported by reasonable ground, in order to meet the ends of justice---Official record specifically relied upon through averments of plaint in addition to availability of all those documents duly attached therewith at the time of its filing, had direct bearing on the merits of the case---Necessity had arisen to get such documents exhibited primarily with a view to arrive at a just and proper conclusion---Lower Appellate Court did not commit any illegality or irregularity while exercising its power under O.XLI, R.27, C.P.C. and had rightly exercised its jurisdiction by allowing application of respondent/plaintiff to produce documents mentioned in his application---High Court declined to interfere in such finding of Lower Appellate Court and directed the Lower Appellate Court to receive evidence from respondent/plaintiff as well as evidence in rebuttal and set aside order of Lower Appellate Court remanding the matter to Trial Court for recording of additional evidence
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