Law: Civil Procedure Code (V of 1908)

Section: 115

  Civil Procedure Code (V of 1908)--- ----S. 115---Revisional jurisdiction, exercise of---Concurrent finding of 'fact could only be challenged in revisional jurisdiction of High Court if same was shown to have suffered from misreading, misconstruction or non-reading of evidence or taking into consideration such evidence which was not admissible according to law. Qanun-e-Shahadat (10 of 1984)--- ----Art. 74---Civil Procedure Code (V of 1908), S. 115---Secondary evidence--Production of---Law having permitted production of secondary evidence, Trial Court's order in permitting plaintiff to lead secondary evidence, did not suffer from any legal infirmity---Legality of order of Trial Court permitting production of secondary evidence having not been challenged in appeal before Appellate Court below, same could not be challenged in revision before High Court. Contract Act (IX of 1872)--- ----Ss. 24 & 25---Mere inadequacy of consideration was no ground to hold that an agreement was void unless same was set up as a ground and proof furnished with supporting evidence that apart from inadequacy there were other grounds to avoid contract. Ch. Arshad Mahmood for Petitioners. M.D. Tahir for Respondents. Date of hearing: 18th April, 1993.   JUDGMENT In this revision petition the legality of judgment and decree dated 26-i1-1990 passed by the learned Additional District Judge, Gujranwala through which the appeal filed by the petitioners against judgment and decree dated 29-3-1990 passed by the trial Court by which the suit filed by respondents for specific performance of agreement of sale had been decreed in their favour was dismissed has been assailed. 2: The dispute relates to land measuring 46 Kanals 4 Marlas situated in Mouza Mehadpur, Tehsil Wazirabad, District Gujranwala. It was owned by petitioner No.l. It may be significantly mentioned that petitioner No.l is the real maternal-uncle of the respondents. According to respondents/petitioner No.l executed an agreement of sale regarding his land in their favour on 13-12-1982 for an amount of Rs.23,500 as consideration which amount he received at the time of execution of the said agreement who also…