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WAQAR HUSSAIN versus MUHAMMAD TARIQ


A. XLI, R 27 Special Relief Act (I of 1877), Section 8 suit for the preparation of additional evidence, the plaintiff who claimed to be the landlord of the suit house in his written statement between the landlord and the tenant Relationships denied. The plaintiffs further claimed that they had purchased the suit house on the unregistered sale deed suit filed by the plaintiff, the petition was dismissed by the defendant for the preparation of additional evidence; the appeal was also registered by the appellate court. The sale deed was tried in additional evidence, was not presented to the trial court by the defendant nor relied on by the court where the document was neither presented in the trend nor The same was referenced, Rule 27 of Order XLI, CPC shall not apply to the appeal stage as may be documented under the said rule. Permission to record was granted when the court deemed it necessary for the appeal decision when the material available at R was not sufficient to render an award, then additional evidence could be allowed on its own or by a party's request. But in the present case, the defendant moved the court to obtain additional evidence so that he could edit his written statement, remove the errors, omissions, and introduce a new case contradicting the pre-trial party. Or ask for an appreciation of the evidence already on record, but Order 27 of Rule XLI, CPC It did not allow either party to make additional requests. The evidence, which was discovered at a later stage and did not depend on or was referenced at an early stage in the trial or evidence.

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