Law: Civil Procedure Code (V of 1908)

Section: 115

Civil Procedure Code (V of 1908)--- ----S. 115---Revisional jurisdiction of the High Court---Scope---Divergent findings of Trial Court and Appellate Court---In such like situation the High Court in its revisional jurisdiction was supposed to give its findings after appraisal of the entire evidence---Revisional Court/High Court in such a situation had to re-appraise the entire evidence to determine as to findings of which Court were based on proper appraisal of evidence and appreciation of law. Madan Gopal and 4 others v. Maran Bepari and 3 others PLD 1969 SC 617; Alloo v. Sher Khan and others PLD 1985 SC 382; Abbas Ali Shah and 5 others v. Ghulam Ali and another 2004 SCMR 1342; Abdul Aziz v. Khuda Dad Khan 2004 SCMR 1046; Karim Bakhsh through L.Rs. and others v. Jindwadda Shah and others 2005 SCMR 1518; Muhammad Din and others v. Mst. Naimat Bibi and others 2006 SCMR 586; Muhammad Hassan v. Khawaja Khalil ur Rehman 2007 SCMR 576 and Q.B.E. Insurance (International) Ltd. v. Jaffar Flour and Oil Mills Ltd. 2008 SCMR 1037 ref. Ch. Mushtaq Ahmed Khan, Senior Advocate Supreme Court and Syed Rifaqat Hussain Shah, Advocate-on-Record for Petitioner. Tahir Iqbal, Advocate Supreme Court and Tariq Aziz, Advocate-on-Record for Respondent No. 1. Hafiz Hifz ur Rehman, Advocate Supreme Court and Raja Abdul Ghafoor, Advocate-on-Record for Respondent No. 2. Date of hearing: 7th March, 2017. JUDGMENT MAZHAR ALAM KHAN MIANKHEL, J.---The petitioner through the instant petition has questioned the judgment dated 27.01.2016 whereby the learned Single Judge of the Islamabad High Court in its Chambers dismissed the civil revision of the petitioner and thereby upheld the judgment and decree dated 30.06.2014 of the Additional District Judge-III (East), Islamabad who had allowed the appeal of Respondent No.1 and dismissed the suit of the petitioner by setting aside the judgment and decree dated 6.01.2014 of the Civil Judge, First Class, Islamabad East. 2. Learned counsel for the parties were heard and record of the case was perused. Perusal of the record would reveal that this case has a checkered history which revolves around a residential plot. The same allegedly was purchased by the…

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