Law:

Section:

(a) Civil Procedure Code (V at 1908)----- ----S. 115---Findings of Appellate Court---Revisional jurisdiction of High Court to reverse such findings---Scope---Such findings could not be treated as sacrosanct---High Court was competent to reverse such findings, whet, same were based on insufficient evidence, misreading of evidence, non-consideration of material evidence, erroneous assumptions of facts, and consideration of inadmissible evidence. (b) Civil Procedure Code (V of 1908)----- ----O. XVII, R. 3 & O. XIX, R. 2---Defendant's failure to produce evidence in spite of obtaining repeated adjournments---Trial Court decreed suit after considering plaintiff's evidence---Validity--­Defendant's counsel in his affidavit had himself admitted his appearance before Court on an earlier date of hearing---Plaintiff could not cross­ examine deponent due to his non-appearance---Such affidavit would not be considered as evidence---Exercise of power by Trial Court under O.XVII, R. 3; C.P.C. in such circumstances was, held, to be legal. The President v. Mr. Justice Shaukat Ali PLD 1971 SC 585 and Atta Ullah Malik v. Custodian, Evacuee Property PLD 1964 SC 236 rel. (c) Civil Procedure Code (V of 1908)----- ----O. XIX, R. 2---Affidavit---Non-appearance of deponent for cross­ examination---Effect---Such affidavit would not be considered as evidence. (d) Counsel and client----- ---- Filing of affidavit by Advocate in relation to facts of the case was disapproved by the Supreme Court for not being in consonance with principle of ethics which were binding upon Advocates being Officers of Court. Sutharsana v. Samarapuri AIR 1928 Mad. 690 ref. JUDGMENT JAVED IQBAL, J.---This civil appeal has been filed on behalf of Barkat Ali (Appellant) under Article 185(2) of tire Constitution of Islamic Republic of Pakistan assailing the judgment impugned whereby the civil revision preferred on behalf of respondent has been accepted by setting aside the judgment, dated 18-12-2002 passed by the learned Additional District Judge, Gujrat and the judgment; decree, dated 16-7-1997 passed by learned Civil Judge, Gujrat, has been kept intact. 2. Precisely stated the facts of the case as enumerated in…

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