Law: Civil Procedure Code (V of 1908)

Section: 35A

(a) Civil Procedure Code (V of 1908)--- ----S. 115---Revisional jurisdiction of High Court---Object and scope---Concurrent findings of fact---High Court while sitting in revisional jurisdiction is not supposed to interfere in the concurrent findings of fact unless it is established that the same suffered from jurisdictional defect or were based on misreading or non-reading of evidence---Revisional jurisdiction under section 151, C.P.C. should not be considered analogous to that of appeal or equal to appeal---While exercising revisional jurisdiction High Court should satisfy itself upon three matters firstly, whether the subordinate Court had the jurisdiction vested in it, secondly, whether the case was one in which Court ought to exercise the jurisdiction and thirdly; as to whether the lower Court acted illegally or with material irregularity resulting into miscarriage of justice---Concurrent findings of fact being in consonance with the record was immune from interference in revisional jurisdiction of High Court. Allah Dad and 3 others v. Dhuman Khan and 10 others 2005 SCMR 564; Shah Wali v. Muhammad Iqbal PLD 2005 Lah. 214 and Mst. Kulsoom Bibi and another v. Muhammad Aril and others 2005 SCMR 135 ref. (b) Qanun-e-Shahadat (10 of 1984)--- ----Art. 118---Specific Relief Act (1 of 1877), S. 42---Gift---Gift mutation sanctioned on behalf of old lady---Onus to prove---Plaintiff lady filed a suit for declaration that gift mutation sanctioned in favour of her nephews/defendants on her behalf was based on fraud---Suit was decreed which was upheld in appeal---Validity-Gift by lady having been denied onus to prove the same had shifted upon defendants who produced all possible witnesses to prove the gift but quality of evidence was so poor that it could not discharge the onus placed on defendants---Plaintiff was old, aged lady but nowhere it was shown that nature of transaction was ever explained to her---Patwari concerned stated that neither lady was previously known to him nor she was accompanied with her son or husband at the time of entry or of sanctioned of impugned gift mutation---Parentage of donor lady was not recorded by Tehsildar and note on the impugned gift…

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