Law: Civil Procedure Code (V of 1908)

Section: 115

Civil Procedure Code (V of 1908)--- ----S. 115---Appellate Court making reference to evidence of witnesses examined by parties before Trial Court as well as to the depositions of certain persons recorded in earlier proceedings---Reliance on depositions of persons in earlier proceedings who had not been cross-examined by appellants, was not warranted by law---Nothing, however, could be spelt out from the impugned judgment to show that findings of Appellate Court were based purely upon such evidence and its mind was not influenced by said depositions recorded in earlier proceedings between the parties---In case of slightest doubt, such judgment would be liable to be set aside, for said depositions which were recorded in different proceedings could not be read as evidence in the case---There being no controversy in regard to the factual posit ion contention raised by appellants in this regard appeared to be correct---Judgment of Appellate Court was set aside and case was remanded for disposal in accordance with law. M.G. Dastgir for Applicants. S A. Samad for Respondents. Date of hearing: 21st May, 1991 JUDGMENT The applicants have called in question the judgment passed by the learned VIIth Additional District Judge, Karachi dated 13-1-1983 allowing the respondents' appeal and setting aside the judgment passed by the learned Fourth Senior Civil Judge and Assistant Sessions Judge, Karachi, dismissing the respondents' suit filed for cancellation of certain documents etc. The dispute between the parties related to a piece of land measuring 450 Sq. Yards, situated in the Commercial Area of Liaquatabad, Karachi. Both the applicants as well as the -respondent claimed right of ownership over the said plot. The respondent filed a suit against the applicants before the learned trial Court claiming transfer of the said plot to him under an order of the Deputy Refugee Commissioner dated 17-4-1953. The   case of the respondent was that he had erected a boundary wall on the said plot and constructed three rooms and a shop thereon at his own cost, after physical possession of the same had been given. to him by the concerned authorities. After the respondent had…