Law: Civil Procedure Code (V of 1908)

Section: 115

Law: Constitution of Pakistan, 1973

Section: 185(3)

Civil Procedure Code (V of 1908)--   -S.115--Constitution of Pakistan (1973), Art.185(3)--Leave to appeal, grant of--Conclusive findings of fact--Interference with--Incorrect preparation of record--Effect of--Leave to appeal sought against orders passed in revisional jurisdiction--Plea that on account of some misconception or otherwise record was not correctly prepared, not entertained--Case having concluded on findings of facts and no justification having been made out for grant of leave to appeal, petitions dismissed. ORDER MUHAMMAD AFZAL ZULLAH, J.--These two petitions arise out of the same; case, therefore, they are being disposed of together. 2. The respondents side had succeeded in obtaining a pre-emption decree. The case of petitioners side is that immediately after the decision by the trial Court, there was a compromise between the parties and although the pre-emption money was deposited by the decree-holder, the funds were supplied by the judgment-debtor. One of the conditions of the alleged compromise was that the decree-holder shall not execute the decree. However, allegedly, the latter went back on the promise and filed application for execution. It was dismissed in 1972. Another application was filed which was allowed ex parte in 1975. The respondents side claimed that possession changed hands as a result of execution; while the petitioners side contended that only constructive possession was delivered to the decree-holder. Despite the aforementioned execution, the petitioners side filed Objection Application regarding the nature of delivery of possession. It was dismissed. Their appeal was also dismissed by order dated 13-11-1975. It was never challenged and became final. However, another application under section 47, C.P. C. was moved by the petitioners side, which was also dismissed in 1979. A revision filed against the order of this dismissal was also dismissed in 1980. Not having been satisfied by all the proceedings, the petitioners then filed a Writ Petition in the High Court, which having also been dismissed by order dated 12-12-1980, leave to appeal through C.P. No.1541 of 1980 has been sought, from the said order of the High Court.…

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