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KHALID IBRAHIM versus CHAUDHRY MAZHAR HUSSAIN


O XLI, R 27 and O XIII, R 2 Specific Relief Act (I of 1877), Section 42 Suite Additional Evidence, Preparation of Good Words of Requirements Status O XLI, R 27, CPC Scope Remand Mention The dismissed case scope suit was filed against which an appeal was moved for additional evidence; the appellate court accepted the request for additional evidence and directed the trial court after the trial. Received with permission to allow the defendant to submit a documentary. Proof of production of additional evidence was discouraged as a rule and permission to produce it is exempt The trial court itself needed to be satisfied. The reason why the pre-filing of documentary evidence was prevented was that the first appellate court needed to re-take notice of the reasons for filing an application for additional evidence that fulfilled the conditions set forth in O XLI, R 27 Subject to this, the CPC appellate court itself was bound to decide the case if the additional evidence was allowed by the aforesaid court, the appeal would have continued. The appellate court took action and if any error, misreading or non-reading was detected then the court also needed to correct it in the appeal process after the appellate court accepted the request for additional document preparation. The case was not deemed to be a remand. The Appellate Court was set aside by the Appeal for the preparation of additional evidence pending before the Appellate Court

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