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AMEER-UD-DIN versus AHMAD


O XLI, r 27 Additional evidence The defendant is not allowed to amend his case for permission to prepare the document by the district court, but to respond to a correct and fair decision, in which case the defendant initially I'm not aware.

1981 C L C 610

[Lahore]

Before Muhammad Ilyas, J

AMEER‑UD‑DIN‑Petitioner

versus

AHMAD‑‑Respondent

Civil Revision No. 1404‑D of 1979, decided on 3rd December, 1980.

Civil Procedure Code (V of 1908)_

‑‑‑ O. XLI, r. 27‑Additional evidence‑Production of‑District Court permitting production of document not with a view to allowing respondent to improve upon his case but for correct and just decision of case, respondent in such case being not initially aware of such

document‑No legitimate exception, held, can be taken to impugned order of Lower Court.‑[Evidence].

Mst. Sahib Khatoon and another v. Khan Muhammad and another 1979 C L C 273; Messrs Khan Mahal Cinema v. The District Magistrate and another P L D 1973 Note 27 at p. 36; Fazal Hussain Shah v. Sakhi Muhammad P L D 1980 Azad J & K 43 ; Ch. Zulfiqar Ali v. Mian Akhtar Islam and another P L D 1967 S C 418 ; Muhammad Nawaz and 4 others v. Allah Wasaya and 6 others 1980 S C M R 181; Messrs Ganisons Industries Ltd., Karachi v. Mirza Akhlaque Ahmed P L D 1974 Kar. 339 ; Mst. Iqbal Begum v. Sh. Asghar Pervaz and others P L D 1978 Lah. 1252; Abdul Rashid v. Ghulam Mauls 1979 C L C 481 ; Allah Ditta v. Ghulam Rasool P L D 1975 Lah. 138 ; Nur Muhammad and another v. Khushi Muhammad and 6 others P L D 1975 Lah. 515 ; State of U. P. v. Manbodhan Lal Srivastava P L D 1958 S C (Ind.) 170 ; Malik Fazal Din v. Malik Muhammad Sharif etc. 1981 S C M R 548 ; Ghaus Bakhsh v. K. S. Muhammad P L D 1976 Kar. 169 ; Parsotim Thakur and others v. Lal Mohar Thakur and others A I R 1931 P C 143 ; Abdul Aziz v. Meehan Khan P L D 1979 B J 38 and Messrs Muhammad Siddiq‑Muhammad Umar and another v. The Australasia Bank Ltd. PLD1966SC684ref.

Syed Laqa Haider Zaidi for Petitioner.

Ch. Muhammad Iqbal Sargana for Respondent.

Date of hearing : 2th November, 1980.

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