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Civil Miscellaneous No. 6964/C and Regular Second Appeal No. 377 of 979, decided on 16th February, 1980.
Ss. 96 & 100 and O. XLI, r. 2a‑Second appeal‑Additional evidence Appellant in first appeal, agreeing to production of additional evidence by respondent knowing full well that such evidence would be in respect of alleged commitment made by appellant that he would not pre‑empt sale in dispute‑Held, appellant cannot, in second appeal, contend that additional evidence could not be taken into consideration for deciding question of waiver.‑[Evidence].
Yusuf V. Hashimbhoy & Co. and others P L D 1966 Kar. 456 and Government of West Pakistan (now Punjab) through Collector, Bahwalpur v. Haji Muhammad P L D 1976 S C 469 distinguished.
S. 100‑Second appeal‑Waiver‑Cogent and clear evidence required for making out a case of waiver‑‑Evidence, produced in case, oral and discrepant and standing rebutted by testimony of opposite‑party Finding of trial Court that respondent had failed to substantiate his plea of waiver upheld.‑[Waiver].
Kidar Nath and others v. Bagh Singh and others A I R 1937 Lah. 504 ref.
Raza Hussain Shamsi for Appellant.
S. M. Zafar and Sh. Abdul Mannan for Respondent,
Date of hearing : 16th February, 1980.
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