Law: Civil Procedure Code (V of 1908)

Section: 115

(a) Civil Procedure Code (V of 1908)--- ----S. 115---Revision---Scope---Where s of both courts below varied with each other, it would be just and essential for the revisional court to examine the same by reappraisal of evidence to determine which court's was correct. Messrs Muhammad Amin Muhammad Bashir Limited and another v. Pakistan through Secretary and 5 others 2000 CLC 1550; Zafar Mirza v. Mst. Naushina Amir Ai PLD 1993 Kar. 775 and Mrs. Uzma Aziz v. Mst. Maryam and others PLD 2006 Kar. 58 ref. Ghulam Shabir v. Mst. Bakht Khatoon 2009 SCMR 644 and Mst. Nooran Bibi v. Rajab Ali 2007 CLC 1840 rel. (b) Administration of justice--- ----Courts were the ultimate guardians of the rights of the individuals and it had never been the object and intent of law that a judge should not apply his mind independently and should go blindly on a dotted line---Courts were to decide matters within the evidence brought on record yet the decision should be made as a result of independent application of judicial mind because courts were not supposed to be made a tool to derive what the law did not permit or what legally could be achieved---Such proposition was to eliminate all chances of collusively instituted suits or petitions and was the background for the principle of law of appreciation of evidence which insists that one should not be benefited for the weakness of the opposite party---Even in ex parte proceedings, the courts had to see whether plaintiff was entitled for relief claimed or otherwise. (c) Pleadings--- ----Fact was to be proved by the party which pleaded its existence---Simply because a factual proposition was affirmed or denied in a written statement, did not necessarily mean that it had been legally proved. THIS JUDGMENT DELIVERED BY: SALAHUDDIN PANHWAR, JUSTICE:---.--- Applicants Principal Government Mumtaz College, Khairpur and another have challenged the impugned Judgment dated 11th November 2011 and Decree dated 22nd November, 2011, passed by the learned 3rd Additional District Judge, Khairpur in a Civil Appeal No.129 of 2010 (Badaruddin and others v. Principal, Government Mumtaz College, Khairpur and another). 2. Succinctly, the facts of the subject…

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