Law:

Section:

(a) Civil Procedure Code (V of 1908)------S. 115---Specific Relief Act (I of 1877), S.42---Suit for declaration--­Revision---Scope---Courts below while recording the finding of fact, had neither misread the evidence nor had ignored any material piece of evidence on record---High Court in exercise of its revisional jurisdiction was empowered to set at naught the concurrent finding of fact of two Courts below if the High Court was satisfied that the finding was based on misreading or non-reading of evidence---Concurrent finding of fact would not always stand in the way of the-High Court to correct the same in the appropriate cases---High Court, in exercise of its jurisdiction under S.115, C.P.C. could only interfere with the orders of the subordinate Courts on the ground that the Courts below had assumed jurisdiction which did not vest in them or had failed to exercise the jurisdiction vested in them by law or that the Courts below had acted with material irregularity affecting the jurisdiction in the case. Ghulam Hussain and others v. Imam Bakhsh and 9 others 1995 MLD 1165; Atta Muhammad v. Nasir-ud-Din PLD 1993 Pesh. 127; Khan Mir Daud Khan and others v. Mahrullah and others PLD 2001 SC 67; Mst. Amina Bi v. Mst. Bivi and others 1993 MLD 1207; Jam Pari v. Muhammad Abdullah 1982 SCMR 786; Sheikh Muhammad Bashir Ali and others v. Sufi Ghulam Mohi-ud-Din 1996 SCMR 813; Haji Muhammad Din v. Malik Muhammad Abdullah PLD 1994 S 291 and Abdul Hakeem v. Habibuilah and 11 others 1997 SCMR 1139 ref. (b) Islamic Law--- ---- Marz-ul-Maut--- Characteristics----To constitute a malady "Mart-ul-Maut" apprehension of death; so that there was a preponderance of apprehension of death; some degree of subjective apprehension in the mind of sick person; and some external indicia, chief among which would be inability to attend to ordinary avocations. JUDGMENT Mian Maqboolur Rehman (son) and Mst. Bibi Janat Khatoon (daughter of Mian Ali Hussain, residents of Thathi Faqir Sahib District Abbottabad, plaintiffs, filed Suit 'No.212/1 in the Court of Senior Civil Judge, Abbottabad, against Mst. Munawar-un-Nisa and others, defendants of the same residence, claiming a declaration to the effect…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492