NAZIM ALI versus FAZAL HUSSAIN

O XLI, r 27 Additional evidence Courts are not applying their mind to establishing the identity of the land in which mortgage rights have been transferred and it is believed that payment without proper scrutiny of the data. In which case the first party did not consider working on the remand. After providing the parties with an opportunity to produce additional evidence, the court will have to establish a case for land identification and a decision on the survival of the transaction [Additional evidence]

1981 C L C 985

[Lahore]

Before Muhammad Amin Butt, J

NAZ1M ALI AND ANOTHER‑Appellants

versus

FAZAL HUSSAIN AHD 5 OTHERS‑Respondents

Regular Second Appeal No. 926 of ' 1978, decided on 12th March

Civil Procedure Code (V of 1908)‑------

--------O. XLI, r. 27‑Additional evidence‑Courts below not applying their mind for establishing identity of land in respect of which mortgagee rights stood transferred and assuming consideration having been duly paid without examining figures which prima facie did not work up to consideration fixed in case‑Case remanded to trial Court for establishing identity of land and decision on bona fides of transaction arid payment of consideration after affording opportunity to parties for production of additional evidence. [Additional evidence].

Major Waheed‑ud‑Din Virk for Appellants.

Mian Khurshid Alam Ramay for Respondents.

Dates for hearing : 26th November and 5th December, 1979.

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