Law: Civil Procedure Code (V of 1908)

Section: 115

Civil Procedure Code (V of 1908)--- ----S. 115---Revision---Maintainability---Close and past transaction---In the absence of any move against findings of Trial Court the same had attained finality and was a chapter past and closed---Revision was not maintainable in circumstances. Ghulam Rasool and 2 others v. Member, Board of Revenue (Consolidation), Lahore and 2 others 1995 CLC 679; Mst. Marium and 5 others v. Haji Ali and 3 others PLD 1985 Kar. 705 and Riasat Ali and 4 others v. Muhammad Shafi 1984 CLC 2384 ref. Civil Procedure Code (V of 1908)--- ----S. 115---Revision petition---Maintainability---Provision of S.115, C.P.C. applies to cases, involving illegal assumption, non-exercise or irregular exercise of jurisdiction---Where conclusions of law or fact which did not, in any way, affect the jurisdiction of the Court, no matter, however, erroneous, wrong or perverse the decision might be either on a question of fact or law, unless the decision involved a matter of jurisdiction, provisions of S.115,'C.P.C. could not be invoked---Erroneous conclusion of law or fact was liable to be corrected in appeal but revision would not be competent on such a ground, unless in arriving at such conclusion an error of law, had been committed---Judgment and decree of the lower Appellate Court neither appeared to suffer from any infirmity nor perversity or arbitrariness---Revision was dismissed in circumstances.   S.M. Rashid for Petitioners. Malik Allah Wasaya for Respondent. Date of hearing: 3rd November, 1998. JUDGMENT Claiming to be legal heir alongwith Mst. Naziran widow of Veeru, whose inheritance is involved in this "lis", a declaratory suit with perpetual injunction as consequential relief was brought by Fazla, predecessor-in-interest of respondents. Inter alia, it was maintained, that decree, dated 26-11-1979 in favour of Fateh Muhammad, Hakim Din and Mst. Jannat Bibi and Mutation No.965 sanctioned on 29-8-1975 in this context were inoperative and ineffective qua his rights. Claim, allegations and averments embodied in the plaint, were duly controverted, repudiated and traversed and suit was resisted on factual as well as legal plinth. Divergent…