Law:

Section:

(a) Civil Procedure Code (V of 1908)--O.XXIII, R.3---Constitution of Pakistan (1973), Art. 185(3)---Suit for setting aside of consent decree---Petitioner's suit was decreed by Trial Court on the basis of concessional statement made by predecessor-in-interest of respondents but such consent decree was set aside in subsequent suit filed by respondent---First Appellate Court reversed the decree of Trial Court and restored consent decree---High Court, however, restored Trial Court's decree by setting aside Appellate Court's finding---Validity---High Court was correct in holding that Trial Court's was more sound than that of First Appellate Court---Entire case in proper perspective of evidence on record had been looked into by the High Court---Number of factors present in the case could justifiably prompt the High Court to reach the conclusion to which it did---No case was made out for interference---Leave to appeal was refused in circumstances. (b) Civil Procedure Code (V of 1908)--- ----S.115---Revision---Scope---Limitation on powers in revision---Exceptions--­Deviation from the general principles of civil revision is not only possible but at times necessary in case of exceptional nature. ORDER SHAFIUR RAHMAN, J: --The petitioners/defendants in a civil suit seek leave to appeal against the judgment of the Lahore High Court whereby a civil revision petition was accepted, the judgment of the First Appellate Court was set aside and that of the trial Court restored. 2. On the death of Mst. Rasoolan in 1970 or near about his two daughters and a nephew approached the Revenue authorities for getting mutated the land which they thought was owned by her. It was then that they learnt that Mst. Rasoolan had already transferred her entire property in favour of the petitioners' predecessor-in-interest Bahawal and the transfer was sanctified by a judgment of the Civil Court. These heirs then instituted a civil suit. The trial Court on the basis of two material facts allowed the relief to the plaintiffs. The first was that the Finger Print Expert had deposed that her thumb-impressions were not there on the written statement in which the claim of the petitioners in the earlier…

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