Law: Civil Procedure Code (V of 1908)

Section: 1,2,115

Law: Balochistan Land Revenue Act, 1967

Section: 52

(a) Civil Procedure Code (V of 1908)--- ----O. XXIII, Rr. 1 2---Withdrawal of suit---Permission to file afresh---’Formal defect’---Placement of revenue record---Concurrent findings against the Petitioner/plaintiff--- Petitioner filed revision petition and application seeking withdrawal of suit with permission to file a fresh suit on the basis of a certain letter/document which had already been on record (in relevant departments) but the petitioner had neither agitated before the trial or appellate courts and filed the application after five years of filing revision petition---Such could not be treated as ‘formal defect’---Evidence produced by petitioners/plaintiffs was inconsistent/contradictory to each other---Parties were bound to show good cause for non-production of such document at relevant stage---Party remained silent for years of litigation and after dismissal of their suit and appeal and application---No evidence was produced to show as to whether suit land was cultivable by Karez, or when permission was obtained for Karez---Concurrent s were upheld and Revision was dismissed. (b) Civil Procedure Code (V of 1908)--- ----O. XXIII, R. 1---Provision of R. 1 of O. XXIII of C.P.C., 1908 was not meant to allow the parties to fill the lacunas subsequently. Rustam v. Sikandar Khan 2016 YLR 1936 ref. (c) Civil Procedure Code (V of 1908)--- ----O. XXIII, R. 1---’Formal defect’---Any defect in the pleading that did not permit to proceed further in the suit or any absence of a particular formality the suit would ultimately fail. (d) Civil Procedure Code (V of 1908)--- ----S. 115--- Revisional jurisdiction---Scope---Object of revision was to rectify the error committed by the courts below in exercise of jurisdiction---Concurrent findings recorded by subordinate courts could not be called in question unless shown that their s were contrary to law, mis-appreciation of evidence and committed gross illegality---Mere possibilities of different view of evidence could not be a ground for setting aside the concurrent findings. Abdul Mateen v. Mst. Mustakhia 2006 SCMR 50 rel. (e) Balochistan Land Revenue Act (XVII of 1967)--- ----S.52---Mutation entries---Presumption of…

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