QAIM DIN Versus MUHAMMAD HUSSAIN

ORDER

1. GHULAM MUJADDID MIRZA, J .‑‑Muhammad Hussain and his two brothers Muhammad Shafi and Muhammad Sharif filed suit for possession through pre‑emption regarding land measuring 41 kanals 17 marlas situated in Mauza Khaprala Tehsil Pasrur District Sialkot against Qaim Din and others. The suit was contested. The trial Court after framing the necessary issues decreed the suit.

2. Qaim Din and his brother Muhammad Rafique filed appeal in the Court of District Judge. It was heard by the Additional District Judge, Sialkot. Pending appeal, an application was moved under Order 41, Rule 27, C.P.C. by the petitioners requesting that copy of the record of right was omitted inadvertently, permission be given to exhibit the same so that it may be read as part of the evidence. The request was turned down. Appeal as a whole also failed. Qaim Din and his brother then filed a regular second appeal in the Lahore High Court, which was dismissed by judgment dated 17‑2‑1988. Hence this petition for special leave to appeal.

3. Learned counsel for the petitioners argued that the first appellate Court ‑erred in law in disallowing the application with the result that the case of the petitioners was seriously affected as a result of which they lost the first and the second appeal.

4. We don't agree with that. The first appellate Court gave sound reasons for 'rejecting the application under Order 41, Rule 27, C. P. C. as well as dismissing the appeal. The High Court was justified in dismissing the second appeal.

5. Leave is accordingly refused. The petition is dismissed.

6. M.I. /Q‑15/S Petition dismissed.