متفرق درخواستوں کا فیصلہ اپیل یا مقدمہ کے فیصلے سے قبل کیا جانا ضروری ہے

 2024 CLC 1538
Mst. Ghulam Fatima vs Pahar Khan.

Application for additional evidence,-----Miscellaneous applications to be decided before the lis----decided before the lis---Plaintiff respondent filed a suit for declaration and cancellation of inheritance mutation on the grounds that their predecessor "HK" was owner of the suit property, who had two wives; one of his wives died during his life from whom he had three children/respondents whereas from other wife, he had petitioners Nos. 1, 2, 3 and 15---"HK" died on 25.12.1955, whereas, one of his son died in his life time on 05.10.1955-At the time of opening of inheritance and while attesting mutation, said son was shown as alive---Defendants/petitioners contested the suit by controverting the facts contained in the plaint---Trial Court decreed the suit, against which appeal was filed---During the pendency of the appeal, an application under O. XLI, R. 27, C.P.C., was moved by the petitioners seeking permission to produce additional evidence--- Appellate Court dismissed the application as well as the appeal--- Validity-Admittedly, whenever some miscellaneous application was pending before the Court, the same will be decided in the first instance before finalizing the lis and passing the final order/judgment--Failure to decide the miscellaneous application before passing the final verdict would render the same nullity in the eyes of law-In case of pendency of some miscellaneous application, it is incumbent upon the court to first decide the application and then advert to the merits of the case-- Primary object is that a lis should be buried in all respects as per canons of justice and by deciding the miscellaneous application in the first instance, allowing parties to retrace the steps fairly and equitably-Allowing a Court to decide the application for additional evidence alongwith the appeal would amount to give a premium to decide such application in negative---Joint decision of the miscellaneous application and appeal would not be even possible, if the Court ultimately reaches at the conclusion that the application has due force and it is to be accepted---Court should first decide the miscellaneous application and then pass final order/judgment qua the lis-Resultantly, the matter was remanded to the appellate Court with the direction to first decide the application for additional evidence and thereafter advert to the merits of the appeal through a separate judgement.