Law: Civil Procedure Code (V of 1908)

Section: 115

(a) Civil Procedure Code (V of 1908)--- ----S. 115---Revisional court, jurisdiction of---Scope---Revision petition against concurrent findings of fact by courts below---Ordinarily the revisional court would not interfere in the concurrent findings of fact recorded by the first two courts of fact but where there was misreading and non-reading of evidence on the record which was conspicuous, or where there was an error in the exercise of jurisdiction by the courts below and/or where the courts had acted in the exercise of its jurisdiction illegally or with material irregularity, the revisional court shall interfere and could upset the concurrent findings. Federation of Pakistan through the General-Manager, N.W. Railway, Lahore v. Ali Ihsan PLD 1967 SC 249; Rozi Khan and others v. Nasir and others 1997 SCMR 1849; Malik Muhammad Khaqan v. Trustees of the Port of Karachi (KPT) and another 2008 SCMR 428; Nabi Bakhsh v. Fazal Hussain 2008 SCMR 1454; Nazir Ahmad and another v. M. Muzaffar Hussain 2008 SCMR 1639; Asmatullah v. Amanat Ullah through Legal Representatives PLD 2008 SC 155; Sultan Muhammad and another v. Muhammad Qasim and others 2010 SCMR 1630; Administrator, Thal Development through EACO Bhakkar and others v. Ali Muhammad 2012 SCMR 730; Noor Muhammad and others v. Mst. Azmat-e-Bibi 2012 SCMR 1373; Mandi Hassan alias Mehndi Hussain and another v. Muhammad Arif PLD 2015 SC 137 and Iqbal Ahmed v. Managing Director Provincial Urban Development Board, NWFP Peshawar and others 2015 SCMR 799 ref. (b) Civil Procedure Code (V of 1908)--- ----S. 115---Revisional jurisdiction of High Court---Scope---Concurrent findings of fact recorded by courts below without considering important documents on record in their true perspective---High Court could aptly interfere with such concurrent findings in its revisional jurisdiction. (c) Partition Act (IV of 1893)--- ----Preamble---Specific Relief Act (I of 1877), S. 39---Suit for partition of joint property---Acquiescence, waiver and estoppel, rule of---Scope---Predecessor-in-interest of defendants admitting extent of her share (7/24) in joint property through a registered instrument---Effect---Defendants could not claim full…

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