Case Details

Citation(s)
2001 SLG 2621 2001 SLD 2621 2001 CLC 1814
Peshawar High Court
Civil Revision No.225 of 1994, decision dated: 20-04-2001, hearing DATE : 2-04-2001
IJAZULHASSAN, J
Abdul Karim Malik for Petitioners. Altaf Sardar Bahadur Khan for
Respondents

Mst. ZAINUM NOOR through Legal Heirs and 7 others

VS

Mst. NOOR NISHAN and 5 others

Law:

Section:

Civil Procedure Code (V of 1908)-------S. 115---Specific Relief Act (I of 1877), Ss.42 & 54---Suit for declaration and permanent injunction---Revision---Exercise of revisional jurisdiction--­Scope---Limitations---Principles---Suit was concurrently decreed by Courts below and the defendant could not point out any error in the concurrent s, warranting interference by High Court---High Court in its revisional jurisdiction, was not competent in undertaking its own appraisal of evidence in the face of the concurrent findings of the two Courts below in the absence of any jurisdictional error or material irregularity ---Revisional powers under S.115, C.P.C. were primarily intended for correcting errors made by the subordinate Courts in the exercise of their jurisdiction--­Erroneous decisions of fact, ordinarily, were not revisable except in cases where the decision was based on no evidence or inadmissible evidence was relied upon or the orders sought to be reviewed were so perverse that grave injustice would result there from---Defendant had not been able to point out any jurisdictional defect in concurrent s of Courts below nor. he could show any misreading of relevant evidence or overlooking any important evidence---Revision against concurrent s of Courts below was dismissed, in circumstances. Muhammad Sana Mondal v. Muhammad Ahmad Sheikh and others PLD 1963 Dacca 816; Syed Mehboob Shah v. Sher Afzal 1984 CLC 2499; Ali Muhammad Brohi v. Haji Muhammad Hashim 1983 CLC 2052; Muhammad Hayat and others v. Ali Muhammad and others 1983 CLC 2380; Haji Muhammad Din v. Malik Muhammad Abdullah PLD 1994 SC 291; Abdul Latif v. Abdul Qayum PLD 1992 Pesh. 103; Abdul Ghafoor v. Government of Sindh and others PLD 1993 Kar. 52; Rashmin and another v. Abdur Rahim and others PLD 1993 Pesh. 239; Siddique Khan and 2 others v. Abdul Shakoor Khan and another PLD 1984 SC 289; Suba through his 8 L.Rs. v. Mst. Fatima Bibi 1992 SCMR 1721; Ghulam Haqani and another v. Mst. Zulekhan and others PLD 1953 Pesh. 65; Muhammad Imran v. Malik Aman and others 1979 SCMR 481; Waheed Gul v. Mst. Saida Jan 1998 MLD 3; Sheikh Muhammad Bashir Ali v. Sufi Ghulam Muhiyuddin 1996 SCMR 813; Fida Muhammad and…
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