Law:

Section:

Civil Procedure Code (V of 1908)--- ----S. 115---Re visional jurisdiction---Scope---Appellate court had properly appreciated the entire evidence of the parties brought on file and reached to a correct conclusion---Said court had neither exercised jurisdiction not vested in it by law nor failed to exercise jurisdiction so vested under the law, nor committed any illegality, irregularity, misreading or non-reading of evidence---Revision petition was dismissed with cost. JUDGMENT SHAH JEHAN KHAN AKHUNDZADA, J.---This revision petition has been directed against the judgment and decree dated 13-5-2009 passed by the learned Additional District Judge-I D.I.Khan, whereby on review application of the respondent, namely, Allah Bakhsh, the order and judgment and decree dated 24-4-2003 passed by Mrs. Zarqaish Sani, the then Additional District Judge-I D.I.Khan, was modified to the extent that the findings on issue No.5 and directions to the respondent to affix the requisite court-fee on appeal have been reversed. 2. This case has a chequered history. Abdur Rashid, plaintiff/petitioner, had filed a civil suit against the respondent Allah Bakhsh for possession through pre-emption in respect of the suit-land fully detailed in the plaint which was contested by the latter through filing written statement and the learned trial Judge after recording pro and contra evidence of the parties and hearing arguments of their learned counsel, decreed the same vide judgment and decree dated 5-4-2002. Aggrieved there from, Allah Bakhsh and others, defendants/respondents, filed an appeal which was accepted by the learned Additional District Judge-I D.I.Khan, vide judgment and decree dated 24-4-2003 and the appellants/respondents herein was directed to affix the requisite court fee on their appeal. This time, the plaintiff/petitioner, Abdur Rashid, felt aggrieved and challenged the aforesaid judgment and decree dated 24-4-2003 through a revision petition before this court, but could not succeed as it was dismissed through judgment and decree dated 14-10-2003. However, the respondents failed to comply with the earlier order of the lower appellate court dated 24-4-2003 by affixing the requisite…

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