Law:

Section:

(a) Evidence----Interested witness---Principle---No bar existed on becoming the interested person as attesting witness, however his evidence must be considered with deep care and caution and must be corroborated by independent witnesses. (b) Specific Relief Act (I of 1877)----Ss.12 & 21(c)---Civil Procedure Code (V of 1908), S.115---Suit for specific performance of agreement to sell---Agreement not specifically enforceable---Description of suit land, non-mentioning of---Revisional jurisdiction---Scope---Suit filed by plaintiff was decreed by Trial Court in his favour but Lower Appellate Court dismissed the same---Validity---In absence of survey numbers identifying agricultural land under sale, certainty in sale agreement and failure on the part of plaintiff to examine proper witnesses to identify survey numbers mentioned in plaint to be the same property sold to plaintiff under sale agreement, lower Appellate Court had correctly allowed appeal based upon cogent reasons passed after considering evidence and circumstances---High Court could exercise limited jurisdiction in revision under S. 115 C.P.C., which was meant primarily for correcting errors made by subordinate courts in exercise of their jurisdiction and not those which were made in their discretion unless discretion was found to have been exercised fancifully or arbitrarily---As such conditions were lacking in the matter and passed by Lower Appellate Court did not suffer from infirmity or misreading of evidence, calling for interference of High Court in its revisional jurisdiction---Revision was dismissed in circumstances. United Bank of India Ltd. v. Aziranessa Bewa alias Azizannessa PLD 1965 SC 274; Mst Sakina v. S.S.P and others 2003 YLR 673; Muhammad Shafi and others v. Sultan 2007 SCMR 1602 and Bashir Dawood v. Haji Suleman Goawala and Sons Ltd. 2010 CLC 191 distinguished. Mst. Saeeda Akhtar and others v. Lal Din and others PLD 1981 Lah. 623 and Mian Muhammad Saleem and others v. Mst. Hameeda Begum and others 1987 SCMR 624 rel. ORDER FAROOQ ALI CHANNA, J.---By the judgment and decree dated 30-6-2010 passed in Civil Appeal No. 80 of 2006, Re-Islamuddin v. Moula Bux, the learned IIIrd Additional…

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