| Citation(s) |
|---|
| 2014 SLG 1641 2014 SLD 1641 2014 CLC 282 |
Islamabad High Court
Civil Revision No.175 of 2013, decision dated: 20-06-2013.
NOOR-UL-HAQ N. QURESHI, J
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Civil Revision No.175 of 2013, decision dated: 20-06-2013.
NOOR-UL-HAQ N. QURESHI, J
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SARFRAZ MASIH
VS
MANZOOR MASIH and others
Law:
Section:
(a) Specific Relief Act (I of 1877)-------S. 42---Qanun-e-Shahadat (10 of 1984), Art.79---Suit for declaration---Ownership could not be transferred merely on submission of Iqrarnama---Plaintiff had failed to prove agreement by producing cogent, sound and strong evidence---No misreading, non-reading, illegality or infirmity was found in the impugned s and decrees passed by the courts below---Said s and decrees were based on plausible and sound reasons---Revision was dismissed in circumstances. (b) Civil Procedure Code (V of 1908)--- ----S. 115---Revisional jurisdiction of High Court---Scope---Revisional jurisdiction of High Court was slender---Concurrent findings of fact could not be disturbed in revisional jurisdiction unless courts below had either misread the evidence or had ignored any material piece of evidence or those were perverse and reflected some jurisdictional error. Hafiz Liaquat Manzoor Kamboh for Petitioner. ORDER NOOR-UL-HAQ N. QURESHI, J.--- The instant civil revision is directed against the judgment and decree dated 30-5-2012 passed by the learned Civil Judge 1st Class, Islamabad; whereby suit filed by the petitioner was dismissed and against judgment and decree dated 26-3-2013; whereby the learned District Judge, Islamabad also dismissed the appeal filed by the petitioner. 2. Facts of the case out of which this civil revision has arisen are that the petitioner filed a suit for declaration and permanent injunction against the respondents, which was vehemently resisted by respondent No.2. In order to resolve the controversy, the learned trial Court framed the following issues:--- ISSUES (1) Whether plaintiff is sole owner in possession of the suit house and as such entitled for a decree as prayed for? OPP. (2) Whether the suit is hit by Order VII, Rule 11, C.P.C.? OPD. (3) Whether the suit is false and vexatious and as such defendants are entitled to recover special costs? OPD. (4) Relief. 3. After framing of issues and recording of evidence the suit was dismissed by the learned Civil Judge 1st, Islamabad on 30-5-2013. Feeling aggrieved, the petitioner preferred an appeal which too was dismissed by the learned District Judge, Islamabad vide…
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