2024 C L C 1727
[Lahore]
Before Shahid Bilal Hassan, J
ABDUL MAJID through General Attorney----Appellant
Versus
ANJUM AKHTAR----Respondent
R.F.A. No.8633 of 2020, decided on 25th March, 2024.
(a) Civil Procedure Code (V of 1908)---
----O.XLI, R. 27 & O.VII, R.14---Additional evidence at appellate stage, production of---Scope---Appellant/plaintiff intended to produce additional evidence at appellate stage without proving that the same could not be produced due to some plausible reason and sufficient cause---Documents sought to be produced were not relied upon while presenting the plaint as per mandate of O.VII, R.14, C.P.C---Appellate court must be conscious while allowing a party to adduce additional evidence---Party which intends to bring additional evidence on record must convince the court with proof that such party could not lead the evidence at proper stage due to some plausible reasons and sufficient cause---Party, who had the opportunity to produce evidence in the Trial Court but did not avail of such opportunity, should not be allowed to improve its case by producing evidence at the appellate stage---Party cannot be allowed to fill up the lacuna at appellate stage, when it had been unsuccessful in the Trial Court---Appeal was dismissed accordingly.
Shaikh Javed and others v. Shaikh Hassan Ali 2010 SCMR 166; Kodal Khan v. Sufaid Gul and others PLD 1965 W.P. Pesh. 259; Allahditta v. Ghulam Rasool PLD 1975 Lah. 138; Messrs BATA Shoe Company and 2 others v. Muhammad Arshad Siddiqui and another 1991 SCMR 1775; Rana Abdul Aleem Khan v. Idara National Industrial Cooperative Finance Corporation Defunct through Chairman Punjab Cooperative for Liquidation, Lahore and another 2016 SCMR 2067 and Muhammad Siddique v. Gul Nawaz and others 2021 SCMR 1480 rel.
(b) Civil Procedure Code (V of 1908)---
----O.XXXVII, Rr. 1 & 2---Qanun-e-Shahadat (10 of 1984), Arts. 59 & 84---Summary suit for recovery based on a cheque---Consideration/purpose of issuing cheque not proved---Appearance of attorney on behalf of the appellant, who deposed against the version of the appellant---Absence of independent witness---Reliance on report of Fingerprint Expert in absence of strong and confidence inspiring evidence---Effect---Though the report of the fingerprint expert cannot be relied upon only for the purpose of determining rights of the parties, but when other evidence is not strong and confidence inspiring weightage can be extended to the said report, which is corroboratory in nature.
(c) Administration of justice---
----A party has to stand on his own legs and any shortcomings in the evidence of the rival party cannot extend any benefit to such party.
Ahmad Tayyab Shahid for Appellant.
Ghulam Farid Sanotra and Sajida Kalsoom for Respondent.
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