Law: Civil Procedure Code (V of 1908)

Section: 100

Civil Procedure Code (V of 1908)--- ----S. 100---Second appeal---Jurisdiction of High Court---Trial Court fell in error in not deciding matter in the light of law and Appellate Court below also committed the same illegality---Both Courts below had failed to apply their minds to the controversy involved between the parties and also had failed to appreciate evidence led by parties in the light of law---Both judgments and decrees passed by Courts below being not maintainable were set aside in second appeal by High Court. PLD 1988 Azad J&K 1; 1980 CLC 169; PLD 1983 SC (AJ&K) 89; 1991 SCMR 829; 1982 SCMR 663; 1984 CLC 1926; 1993 SCR 340; PLD 1966 Lah. 764 and Dewan Ali v: Jehandad Khan and others, decided on 21st September, 1994 ref. M. Riaz Alam for Appellants. Raja Muhammad Siddique Khan for Respondents ORDER This second appeal filed against the judgment and decree of the District Judge, Mirpur, passed on October 28, 1995 whereby an appeal against the order of Sub-Judge, Mirpur was disallowed, was earlier decided by this Court, remanding the matter to the Trial Court vide its order, dated May 2, 1997, which was set aside by the Supreme Court of Azad Jammu and Kashmir, for deciding the case on merits.   The facts necessary for the disposal of this appeal are that the plaintiff respondents filed a declaratory suit in the Court of Sub-Judge, Mirpur, to the effect that the plaintiffs and pro forma-defendants were owners of the suit land which was adjacent to the canal and was not cultivable. It was also claimed that defendant No. 1, with the connivance of revenue staff, got the entries of possession recorded in his name and his brother, Muhammad Alam which are illegal, ineffective and inoperative against the rights of plaintiffs and proforma defendant. The suit was repudiated by the other side. Issues arising out of the pleadings of the parties were framed. The Trial Court received evidence from the respective parties and after hearing them, decreed the plaintiffs' suit. An appeal filed by the defendant-appellants also met the same fate. Hence this appeal. Mr. M. Riaz Alam, the learned counsel for the appellants addressed the following arguments in…