' ALI BAQAR NAJAFI, J.---Through this civil revision the petitioners challenge the order dated 27-2- 2013 passed by the Additional District Judge, Rawalpindi, whereby the application of the petitioners for additional evidence was dismissed.
2. The brief facts giving rise to the filing of this revision petition are that the petitioners filed a suit, for declaration, cancellation, mandatory and permanent injunction stating therein that their forefather, namely, Keema was owner of the land in question and after his death his estate, was devolved upon his sons, namely, Bostan, Sultan and Dost Muhammad. Petitioner No,1 is the son of Dost Muhammad and petitioner No,2 is the daughter of Sultan. The said Bostan died issueless and as such his estate devolved upon his widow Mst.Hussan Jan as limited owner, who was earlier married to Alaf Din and out of her said earlier wedlock Karam Ellahi (respondent) was born. After the death of Mst.Hussan Jan the estate of her deceased husband, namely, Bostan was illegally and fraudulently with the connivance of revenue staff transferred and mutated in favour of Karam Ellahi deceased, who was shown as son of Bostan. The written statement was filed and out of divergent pleadings of the parties nine issues were framed. The learned trial court while deciding issues Nos.7 and 8 observed that neither the birth certificate of Karam Ellahi nor pedigreetable of Alaf Din was produced, therefore, the suit was dismissed. The petitioners preferred an appeal and during the pendency thereof they filed an application under Order XLI, Rule 27, C.P.C. For producing additional evidence in the form of mutation No,401 dated 5-8-1992, Mutation No, 411 dated 6-9-1992 and Register Haqdaran Zamin for the year 1989-1990 pertaining to Khewat No,115, Khatooni No,166 to substantiate that Karam Ellahi was son of Alaf Din and Mst.Hussan Jan was the widow of Alaf Din and that the respondents are the sons and daughters of Karam Ellahi, therefore, not entitled to inherit from the property of Bostan. The learned appellate court while dismissing the application observed that in the absence of birth certificate of Karam Ellahi and the pedigreetable of Alaf Din no case for additional evidence was made out.
3. Learned counsel for the petitioners submits that the said referred documents are relevant and also important for the just decision of the case as the question of parentage of Karam Ellahi will be finally decided.
4. Conversely, learned counsel for the respondents submits that the petitioners have failed to produce any evidence in the form of death certificate to prove his claim. Places reliance on Mst.Bibi Baghdiya v. Abdullah Khan and others (2012 CLC 165) and Fateh Muhammad through Legal Heirs and others (2012 CLC 1172).
5. I have heard the learned counsel for the parties and perused the available record.
6. Under Order XLI, Rule 27, C.P.C. The appellate court may require any document to be produced or any witness to be examined to enable it to pronounce judgment or for any other substantial cause by way of additional evidence. Although the production of additional evidence is not normally encouraged but when some document has direct bearing on the lis in question the court cannot close its eyes. An application for additional evidence is permissible at any stage of the proceedings. The documents sought to be produced through additional evidence comprise of revenue record whereby the parentage of Karam Ellahi appears to Alaf Din and not Bostan. Since the very basis of the claim of the petitioners is the parentage of said Karam Ellahi, therefore, these documents are relevant in order to establish his parentage. This will certainly not fill up the lacuna in the plaintiff/petitioner's evidence and will also not set up a new point. Moreover, this Court feels that such documents need to be appreciated. I place my reliance Bashir Ahmad v. Ahmad-ul-Haq Sddiqui (1985 SCM R 1232).
7. In this view of the matter, I allow the instant civil revision and remand the case to the appellate court and the application of the B petitioners will be deemed to have been pending.