Law:

Section:

Civil Procedure Code (V of 1908)--- ----S. 115---Constitution of Pakistan (1973), Art. 199---Constitutional jurisdiction against order, passed in revision---Scope---Trial Court disallowing production of evidence oral and documentary, after closing of evidence by defendants ---Revisional Court allowing production of additional evidence--­Jurisdiction ---Revisional order whereby defendants were allowed to produce additional evidence could not be deemed to have been passed without jurisdiction---No jurisdictional defect having been pointed out in the order in question, same would not warrant interference in exercise of Constitutional jurisdiction---High Court would be reluctant to intervene with the revisional order which was deemed to be final and not open to any further scrutiny by the High Court---Where no perversity or arbitrariness could be demonstrated in the impugned revisional order which indicated exercise of jurisdiction by revisional Court after a proper and judicial application of mind to the lis before it, such order could not be set at naught in the exercise of Constitutional jurisdiction, only because a different view was possible on the facts placed before the said Court---No interference being warranted, Constitutional petition was dismissed. Nawabzada Malik Habibullah Khan's case 1969 SCMR 965; Abdul Aziz Shah's case 1985 SCMR 221; Bashir Ahmad Khan's case PLD 1973 SC 507 and Rahim Bukhsh's case 1985 CLC 387 ref. JUDGMENT One Mst. Iqbal Begum, the predecessor-in-interest of the present petitioners had brought a suit on 2-4-1984 against her brothers, seeking a declaration that Mutation No. 1028 entered on 11-12-1982 and sanctioned by A.C.-II of Sahiwal on 30-12-1982, evidencing transfer of her land in favour of her said brothers was void being fraudulent. She had also prayed for a permanent injunction restraining the defendants-respondents from laying any claim on the land in dispute in any manner whatsoever. 2. The said suit was contested by the present respondents and after framing of issues, the aforesaid Mst. Iqbal Begum led her evidence and closed the same on 31-1-1985. 3. The defendants in the said suit who are respondents before this Court…

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