Law: Civil Procedure Code (V of 1908)

Section: 115

Civil Procedure Code (V of 1908)--- ----S. 115---Constitution of Pakistan (1973), Art. 199---Constitutional jurisdiction against order, passed in revision---Scope---Trial Court disallowing production of evidence oral and documentary, after closing of evidence by defendants ---Revisional Court allowing production of additional evidence-- Jurisdiction ---Revisional order whereby defendants were allowed to produce additional evidence could not be deemed to have been passed without jurisdiction---No jurisdictional defect having been pointed out in the order in question, same would not warrant interference in exercise of Constitutional jurisdiction---High Court would be reluctant to intervene with the revisional order which was deemed to be final and not open to any further scrutiny by the High Court---Where no perversity or arbitrariness could be demonstrated in the impugned revisional order which indicated exercise of jurisdiction by revisional Court after a proper and judicial application of mind to the lis before it, such order could not be set at naught in the exercise of Constitutional jurisdiction, only because a different view was possible on the facts placed before the said Court---No interference being warranted, Constitutional petition was dismissed.   Nawabzada Malik Habibullah Khan's case 1969 SCMR 965; Abdul Aziz Shah's case 1985 SCMR 221; Bashir Ahmad Khan's case PLD 1973 SC 507 and Rahim Bukhsh's case 1985 CLC 387 ref. Tariq Muhammad Iqbal for Petitioners. Mian Habib-ur-Rehman Ansari for Respondents 1 to 5. Nemo for Respondent No.6. Date of hearing: 1st September, 1991. JUDGMENT One Mst. Iqbal Begum, the predecessor-in-interest of the present petitioners had brought a suit on 2-4-1984 against her brothers, seeking a declaration that Mutation No. 1028 entered on 11-12-1982 and sanctioned by A.C.-II of Sahiwal on 30-12-1982, evidencing transfer of her land in favour of her said brothers was void being fraudulent. She had also prayed for a permanent injunction restraining the defendants-respondents from laying any claim on the land in dispute in any manner whatsoever. The said suit was contested by the present respondents and after…