Law: Civil Procedure Code (V of 1908)

Section: 115

(a) Gift--- ----Gift/tamleek mutation---Proof---Immoveable property gifted by a sister to her brother---Respondents/donees had substantiated the fact of tamleek through cogent evidence in the form of the revenue record and witnesses produced before the Trial Court---Furthermore the suit of appellants was badly barred by time as the mutation in dispute was executed on 29.12.1981, whereas the suit was filed with a delay of almost 15 years on 3.5.1997---Appellant had no locus standi to challenge the legality of the (gift) mutation on a vague allegation of fraud when the donor had never challenged the same in her life time and the mutation had been given effect in the revenue record---Suit for declaration and permanent injunction filed by appellants was rightly dismissed---Appeal was dismissed. Abdul Haq and another v. Mst. Surrya Begum 2002 SCMR 1330; Taj Muhammad Khan through L.Rs and another v. Mst. Munawar Jan and others 2009 SCMR 598 and Muhammad Rustam and another v. Mst. Makhan Jan and others 2013 SCMR 299 ref. (b) Civil Procedure Code (V of 1908)--- ----S. 115---Revisional jurisdiction of the High Court---Scope of such jurisdiction stated. If the concurrent findings recorded by the lower fora are found to be in violation of law, or based on misreading or non-reading of evidence, then they cannot be treated as being so sacrosanct or sanctified that they cannot be reversed by the High Court in revisional jurisdiction which is pre-eminently corrective and supervisory in nature. In fact, the Court in its revisional jurisdiction under section 115 of the Code of Civil Procedure, 1908 (C.P.C.), can even exercise its suo motu jurisdiction to correct any jurisdictive errors committed by a subordinate Court to ensure strict adherence to the safe administration of justice. The jurisdiction vested in the High Court under section 115, C.P.C. is to satisfy and reassure that the order is within its jurisdiction; the case is not one in which the Court ought to exercise jurisdiction and, in abstaining from exercising jurisdiction, the Court has not acted illegally or in breach of some provision of law, or with material irregularity, or by committing some error of procedure…

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