Law: Civil Procedure Code (V of 1908)

Section: S.115,115(1),O.XLI,R.31

Law: Qanun-e-Shahadat (10 of 1984)

Section: 79

Law: Transfer of Property Act, 1882

Section: 53-A

Law: West Pakistan Land Revenue Act, (XVII of 1967)

Section: 42

(a) Civil Procedure Code (V of 1908)--- ----S. 115(1)--- Revision petition---Petitioner's application in year 2007 for placing on record additional documents not filed along with revision petition in year 2004---Respondent's objection that such documents could not be placed on record and considered after expiry of ninety days of passing of impugned /decree---Validity---Requirement of S. 115(1), C.P.C., for being procedural and directory could not be used as a detrimental object to refuse substantial justice---Main documents i.e. impugned and decrees had already been annexed with revision petition---Additional documents sought to be placed on record were certified copies of judicial record of case, thus, consideration thereof could not be refused---High Court accepted such application as same would not cause pre-judice to respondent. Mst. Banori v. Jilani through legal heirs and others PLD 2010 SC 1186 ref. (b) West Pakistan Land Revenue Act (XVII of 1967)--- ----S. 42---Entry as tenant-at-will of property recorded in Settlement Record " " in its column of rent in shape of " "---Evidentiary value---Such entry alone would not be sufficient to rebut entries made in column of ownership---No one could claim to have become owner of property on basis of such entry. (c) West Pakistan Land Revenue Act (XVII of 1967)--- ----S.42---Unambiguous revenue record---Evidentiary value---Such record could not be brushed aside merely on verbal assertions of a party. (d) Civil Procedure Code (V of 1908)--- ----S.115---Revisional jurisdiction of High Court---Scope---Concurrent findings of fact by courts below---Such findings could not be interfered with, if same were based on evidence available on record and not suffering from any jurisdiction defect or misreading or non-reading of any material evidence. Executive Engineer, C&W, Mansehra and 2 others v. Muhammad Nasim Khan and 4 others 2002 CLC 427 ref. THIS JUDGMENT DELIVERED BY: MAZHAR ALAM KHAN MIANKHEL, J.--- The petitioners being the legal heirs of plaintiff Sher Bahadur have filed the present revision petition by feeling themselves aggrieved of the judgment and decree dated 8-6-2004 of Additional District Judge-XIII,…

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