Law: Civil Procedure Code (V of 1908)

Section: 115

(!)  Civil froeetee Code, 1908 (V of 1908)— —S. 115—High Court Revisional jurisdictioa .of — Exercise of ~ Finding of fact—Interference wish—Held : Finding of first appellate court on question of fact being final, same not to be interfered with in revision unless some jurisdictiona! error be pointed out—Finding of fact arrived at by ignoring or misreading material evidence or same shown to be based on extraneous considerations — Held : Re-visional court to be competent to disturb such finding of fact reached by first appellate court. [P. Tl]A (ii)  Civil Procedure Code, 1908 (V of 1908}— ——S. 115—High Court—Revisional jurisdiction of—-Exercise of— Lower appellate court drawing wrong inference from docu­mentary evidence and mis reading evidence brought on record —Court also proceeding on wrong assumptions and basing its finding on extraneous considerations--Held : Finding of such court not to be maintained (In revision). [?, 73]/> (iii) Cftil Procedure Code, 1908 (V of i908)— ------ S.   \\~-Res-juaicata—Rule of — Applicability of — Controversybetween parties in respect of ownership of suit land not determined by judicial finding in previous suit—Suit land also ultimately coming in possession of defendants—Held : Withdrawal of former suit by ancestor of defendant not to operate as res judicata against him or his successors. [Pp 16 & TJ}H & K (It) Civil Procedure Code, 1908 (V of 1908)— ------ O • XHS R, 6.—Admission by one defendant—Effect of oa otherdefendants—Held: Any admission made by one of defendants in suit litigating independently of others to only bind such defendant and not others—Title though derived from cotnmoa ancestor, defendants litigating independently (of each other)—Held : Admission by one defendant not to be taken as proof of fact admitted by him as against others. [P. 73]C , (t)  Evidence Act, 1872 (I of 1872}— —S, 114, Illustration (g)~Evidence—Withholding of—Presumption re­garding—Person in actual…