' MUHAMMAD KHALID ALVI, J.---Brief facts of the case are that respondent filed a declaratory suit against the petitioner which was decreed by the, learned trial Court vide judgment and decree dated 25-7-2007. Petitioner filed an appeal which is pending disposal. During the pendency of the said appeal, an application under Order XLI, Rule 27, Cr.P.C. Was filed by the petitioner for additional evidence seeking permission of produce witnesses of Exh.D10 and agreement. This application was contested by the respondent, and was dismissed by the learned appellate Court vide order dated 1-11-2007. The same is being assailed through the instant civil revision.
2. It is contended by learned counsel for the petitioner that the witnesses of Exh.D10 are important witnesses to prove the said document which could not be inadvertently produced by the petitioner before the trial Court. It is further submitted that provisions of Order, XLI Rule 27, Cr.P.C. Do permit the appellate Court to bring on record some evidence which is necessary for pronouncement of the judgment of any other substantial cause.
3. I have considered the arguments of the learned counsel for the petitioner.
4. Document Exh.D10 was produced by the petitioner herself in evidence before the trial Court. It was her duty to prove the said document by producing the said witnesses in the trial Court.
Nobody had objected them or challenged the production or said witnesses in the trial Court. If by option an omission is made by a litigant, it cannot be permitted to be rectified through additional evidence under Order XLI, Rule 27, Cr.P.C. It is a case which can squarely be termed to be one of filling of lacunae left in the trial.
5. For what has been stated above, I find no merit in this petition which is accordingly dismissed.