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EJAZ MUHAMMAD KHAN versus SAHIB BIBI


Additional Procedure was filed in 1986 and decided in 1991 to present Civil Procedure Code Order XLI, XML, R 27 Constitution of Pakistan (1973), Article 185 (3) suit from the original rules. It was stated that further evidence submitted by the applicants should be requested The application for additional evidence was made in 1993, that is, approximately two years after the filing of the appeal, the total period of inaction on the part of the applicant was about seven years. Applicants could not explain why they did not take any action. The provision of AXLI, R-27, CPC, to furnish evidence in question for many years, although the absence of due diligence by the applicants allows the court to obtain additional evidence in appropriate cases. , Which lasted for years, do not exercise your powers under the appellate court, AXLI, R-27, CPC in favor of the appellant. No modification or alteration of any modifications during this seven-year period can be completely ruled out. The Court of Appeal has the discretion to allow or allow the production of additional evidence and there is no compelling reason for raising suspicion about the exercise of clear evidence. There were no cases for interference with the appellate court and high court orders.

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