Law:

Section:

(a) Qanun-e-Shahadat (10 of 1984)--- ----Art. 72---Civil Procedure Code (V of 1908), S.115---Reliance on part of original record without bringing same on record---Effect---Appellate Court, while deciding appeal was ill-advised to go through part of original record without bringing same on record---Appellate Court if not satisfied with the evidence on record should have recorded statements of concerned officials as Court witnesses in respect of original record, whereby petitioners could have availed opportunity to explain their point of view---High Court in revisional jurisdiction could not take into consideration the original record relied upon by Appellate Court for, same was not part of the proceedings---Judgment and decree of Appellate Court being based on extraneous evidence was set aside and that of Trial Court based, on evidence on record was restored. Sadar Din v. Elahi Bakhsh and another PLD 1976 Lah.1; Ilahi Bakhsh and others v. Mst. Balqees and others PLD 1985 SC 393; Suba Khan v. Rehman Din and 2 others 1980 CLC 589; Mumtaz Begum v. Ch. Zulfiqar Ali PLD 1960 (W.P.) Lah. 1088; Noor Muhammad and 3 others v. Mst. Kaniz Fatima and 8 others PLD 1980 Lah. 471; Muqarrab Khan v. Muhammad Anwar Khan and 10 others PLD 1964 (W.P.) Pesh. 228; Muhammad Iqbal v. Sher Muhammad and 2 others 1980 CLC 520 and Noor Muhammad and 3 others v. Mst. Kaniz Fatima and 8 others PLD 1980 Lah. 471 ref. (b) West Pakistan Land Revenue Act (XVII of 1967)--- ----S. 39---Qanun-e-Shahadat (10 of 1984), Art. 49---Civil Procedure Code (V of 1908), S.115---Entries in revenue record---Evidentiary value of---Appellate Court's non-reliance on entries in Khasra Girdawari was misconceived, for Revenue Authorities had upheld the same as genuine and that too, in the proceedings initiated by respondents/plaintiffs; such findings recorded by Collector were not challenged by respondents in higher forum, and same could not have been set aside by Appellate Court indirectly; entires in Khasra Girdawari having been made strictly in accordance with Land Record Manual, were not to be set aside. 14, Haji and others v. Member Board of Revenue and others 1984 CLC 1167 rel. (c) West Pakistan Land Revenue…

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