| Citation(s) |
|---|
| 2001 SLG 2572 2001 SLD 2572 2001 CLC 1530 |
Sindh High Court
Revision Application No.64 of 1996, decision dated: 15-02-2001, hearing DATE : 15-11-2000
ZIA PERWEZ, J
A. Iqbal Qadri for Applicant. Shaikh Muhammad Usman for
Respondent
Revision Application No.64 of 1996, decision dated: 15-02-2001, hearing DATE : 15-11-2000
ZIA PERWEZ, J
A. Iqbal Qadri for Applicant. Shaikh Muhammad Usman for
Respondent
MUHAMMAD NAQI--Applicant
VS
Malik LAL MUHAMMAD IQBAL
Law:
Section:
(a) Qanun-e-Shahadat (10 of 1984)-------Art. 45---Document, proof of---Witnesses are only witnesses to signatures of the executing parties---Where both the executants admit their respective signatures on the document further proof is not necessary. (b) Civil Procedure Code (V of 1908)--- ----Ss. 6, 115 & O.VII, R.2---Mesne profits, recovery of---Concurrent findings of fact by Courts below---Pecuniary jurisdiction of Civil Court. Suit for mesne profits was decreed by Trial Court and the and decree was upheld by Lower Appellate Court---Contention was that Trial Court had exceeded its pecuniary jurisdiction as the case was beyond the limits of the Court---Validity---Original suit was instituted in the Court which was competent to entertain the plaint at the time of filing of suit--Amount of mesne profits was neither ascertained nor determined and had increased with the efflux of time which was only a matter of calculation to arrive at the final figure---Both the Courts below had dealt with the facts of the case as well as the case-law applicable in detail and no material irregularity could be pointed out---Concurrent findings of fact by the Courts below were not interfered with by High Court in exercise of jurisdiction under S.115, C.P.C.---Judgments and decrees of both the Courts below had no error of jurisdiction nor any material irregularity under the provisions of S.115, C.P.C.---Revision was dismissed in circumstances. S. Zafar Ahmed v. Abdul Khaliq PLD 1964 Kar. 386; Muhammad Anwar Khan v. Additional District Judge, Rawalpindi PLD 1978 Lah. 716 and Mirza Daud Baig v. Additional District Judge, Gujranwala 1987 SCMR 1161 distinguished. Abdul Khaliq v. Muhammad Asghar Khan PLD 1996 Lah. 367; Gulzar Hussain v. Abdur Rehman and another 1985 SCMR 301; Walayat Khan v. Muhammad Sadiq PLD 199? Lah. 90; Abdul Hamid alias Md. Abdul Hamid v. Dr Sadeque Ali Ahmed PLD 1969 Dacca 357; Mafizuddin Khan v. Jadu Pramanik PLD 1960 Dacca 103; Farman Ali Dewan v. Mansu Ali PLD 1962 Dacca 214; Mst. Tabassam Bibi v. Abdur Rashid Khan 1999 CLC 1216; Sheikh Muhammad Bashir Ali v. Sufi Ghulam Mohi-ud-Din 1996 SCMR 813; Anwar Zaman v. Bahadur Sher 2000 SCMR 431; Abdul Khaliq v.…
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